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Maintenance and expenses of mother
Pursuant to section 67B of the Family Law Act, a father of a child who is not married to the child’s mother is liable to make a proper contribution towards:
i. the maintenance of the mother for the childbirth maintenance period in relation to the birth of the child; and
ii. the mother's reasonable medical expenses in relation to the pregnancy and birth; and
iii. if the mother dies and the death is as a result of the pregnancy or birth, the reasonable expenses of the mother's funeral; and
iv. if the child is stillborn, or dies and the death is related to the birth, the reasonable expenses of the child's funeral.
*The “childbirth maintenance period” in relation to the birth of a child is the period that begins:
a. If the mother is in paid employment and is advised by a doctor to stop working for medical reasons related to the pregnancy and the mother stops working after being so advised and more than two months before the child is due to be born- on the day she stops working.
b. In any other case, on the day that is two months before the child is due to be born.
*The “child birth maintenance period” ends at the expiration of three months after the child is born. The mother can claim this type of maintenance through the Court up until 12 months after the birth of the child.
A parent has an an obligation to pay Child Support, even if that parent did not 'consent' to parenthood. Child Support is calculated using a legislated formula taking into consideration the parent’s income and the nights the child spends in each parent’s care.
Under the Family Law Act, by having a child together, you are considered to have been in a de facto relationship even if you have not lived together. A de facto partner may be entitled to an adjustment of property and spousal maintenance.
You should seek advice from one of our experienced family lawyers to discuss your or your de facto partners potential entitlement under the Family Law Act.