Claims for Contribution to Child Related Expenses under the Family Law Act for Maternity Expenses For parents who have never been legally married, the mother (or her nominated representative) can bring legal proceedings under the Family Law Act (FLA) against the father of the child to ensure that he properly contributes to the following expenses:
Living expenses for the mother during the `childbirth maintenance period' - this may include unemployment wages, clothing, food, pro-rata housing costs, and essential household items such as cots, baths, blankets, nappies, etc.
All legitimate medical expenses related to her pregnancy and delivery.
If the mother dies as a result of pregnancy or childbirth, her funeral expenses need to be paid.
If a child dies as a result of childbirth or if the child is stillborn, the costs of the child's funeral will need to be paid. It is important to emphasise that only the mother or her authorised representative can make a claim for these maternity costs. Considering that many mothers' costs relate to one-off purchases (such as baby items), it may be useful to consider making a one-off maintenance claim as well as a regular maintenance request. Claims can be made during pregnancy or within a year of delivery. If a situation arises that requires an application outside of this window, the court may grant authority, especially if a denial would cause undue hardship to the mother, child, or other involved parties. What if there is a dispute about paternity? If a father disputes that he is not the child's father, the court has procedures for dealing with such issues. Factors assessed by the court In assessing the extent of the father's financial contribution, the court will consider:
Income, property, financial means and earning potential of both parents.
The financial obligations of both parents, both to themselves and to any other offspring.
Any unique circumstances, if ignored, could lead to unfair or undue pressure from any involved parties. If you need legal advice on alimony or child support, pleaseliaiseChoi Ching Wai, Esq.Family lawyersAddress Level 2, 262 Queen Street, Melbourne 3000, Telephone 0396023988 Address Level 2, 262 Queen Street, Melbourne 3000, Phone: 0396023988
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