If you are pregnant, the other parent is responsible for making a financial contribution to the ongoing costs during the childbirth period.
The other parent should also contribute to any reasonable medical expenses from the pregnancy and the child’s birth. These include out-of-pocket medical expenses after any private health, Health Care card or Medicare rebates.
Childbirth maintenance
If you are pregnant, you are entitled to 'childbirth maintenance' from two months before the child is due to be born until three months after the child’s birth. Maintenance is a financial payment to cover reasonable living expenses.
You are also entitled to childbirth maintenance if you work and are advised by a medical practitioner to stop working for medical reasons related to the pregnancy more than two months before the child is due to be born. In this case, the entitlement starts from the day you stop working.
Medical expenses
Out-of-pocket medical expenses may include medical, surgical, dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy.
Examples of what other expenses may be claimed include:
- reasonable living expenses during the childbirth period (for example, rent, electricity, food, telephone, gas, household supplies)
- pregnancy clothing for the two months before the child is born.
Going to court
If the other parent has not paid childbirth maintenance, you have the option of going to court. An application to a family law court must be made within 12 months of the birth of the child or later by leave (approval) of the court.
The birth parent should be able to provide a detailed list of the expenses supported by receipts. Any expenses claimed must be reasonable and relate to the childbirth period.
Think carefully about whether it is worth going to court, because the legal costs for going to court can be high. Get legal help.
What the court considers when making a decision
The court will first take into account the income, earning capacity, property and financial resources of both parents of the child. Any privately paid parental leave that the birth parent is entitled to receive may also be taken into account.
The court will also consider the commitments that each parent has to enable them to both support themselves and other dependent persons.
The court will not take into account any means tested Centrelink benefits, allowance or pension that you may receive. This includes the 'baby bonus’, newborn supplement or newborn upfront payment, paid parental leave or pensions that you may receive.
Other support
For information about how we can help you, submit an enquiry. Please tell us:
- your child’s due date or birth date
- how much you want for childbirth maintenance, or an estimate of how much you want
- your medical expenses to do with the birth including what you have already spent and an estimated total amount
- your income
- the income and employment details of the other parent – this can impact how much they can pay for their share of the childbirth expenses.
However, please note that an entitlement to private parental leave payments or government-funded paid parental leave may mean you are not entitled to a grant of legal assistance to get a lawyer to run your case.
Updated