Am I eligible for Childbearing Expenses? With the rising costs involved in raising a child, this question is more relevant than ever.
The notion of Childbearing Expenses is also known as Childbirth Maintenance. It refers to a little-known payment that a mother who is not living with or married to the father may receive for the period just before or after a child’s birth.
This payment goes towards the reasonable maintenance of the mother and often includes any medical expenses incurred during pregnancy and birth.
Contributions Expected in This Payment
The Court has a broad power to make an Order for this maintenance payment, which can be ordered as a regular payment or a lump sum.
When considering how much of an entitlement the mother should receive, the Court accounts for:
- The father’s income and earning capacity
- The assets of both parents
- The necessary expenditure of both parents to support themselves
- Any other relevant factors
Furthermore, if the mother passes away during childbirth, the father may have the responsibility to provide a proper contribution towards any funeral expenses.
How Can I Apply?
Applications for these Orders must be made to the Court and are only successfully granted in certain circumstances. In some cases, parents may seek guidance from a child custody lawyer to better understand how childbirth maintenance fits within broader parenting and family law considerations.
For example, the mother and father must not be married for the application to be successful. They must also be living separately during the childbirth maintenance period.
The Court also requires that the applicant makes any application within a specified timeframe.
The applicant must demonstrate any specific items or medical bills they have paid by providing evidence. As such, if you wish to apply for this payment, you should keep all receipts relating to medical or other relevant expenses.
Timeframes for an Application and Periods of Maintenance
There is a timeframe in which a mother can make an application for childbirth maintenance.
The application must be made within 12 months of the child’s birth. An extension of this time may occur, but only in limited circumstances.
This period starts either two months before the child’s birth or when the mother stops working, if she has been working throughout the pregnancy.
The minimum timeframe for this payment is approximately five months but can be longer depending on the mother’s medical circumstances.
Ever asked yourself, “Am I eligible for Childbearing Expenses?” Keen to discuss the possibility of applying for a child maintenance payment? Please contact our team today on 02 9891 6388.
New South Lawyers’ communications are intended to provide commentary and general information. To that end, people should not rely on this communication as legal advice. Accordingly, they should seek formal legal advice for matters of interest arising from this communication.
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