The Expenses of Child Birth

by Andrew Lind on 7 July, 16

Section 67B of the Family Law Act provides that Fathers may be required to contribute to the costs of their former spouse during pregnancy.  Importantly, this provision does not apply where the parties were married – only where the parents are not married.

If an agreement can be reached between the parents, you can formalise it in the form of Consent Orders by lodging an Application for Consent Orders with the Court. If no agreement can be reached, you will need to file an Initiating Application, Affidavit, and Financial Statement with the Court. Once you have filed your documents, it will be necessary to serve them on the other party, who then have the ability to file a response.

The Court in Millar and Johnston found that where expenses were properly items that would ordinarily be covered by child support, they were excluded as child birth expenses. In Abrahams and Simm there was some limited discussion in relation to reasonable expenses, and in particular, that a birthing Doula was not a reasonable expense in the circumstances. However, much may turn on the evidence that is presented to the Court. Additionally, the Court made it clear that the baby bonus was irrelevant for the calculation of expenses and costs.

If you need more information regarding child birth expenses please view this article here.

Please contact our Business Development Team on 07 3252 0011 and book an appointment with our Family Lawyers today.

{ 0 comments… add one now }

Leave a Reply

Your email address will not be published. Required fields are marked *



Terms & Conditions

Law Experts content including responses to your questions and comments provides legal information, tips and hints. The content on this site is not legal advice. That’s good, because there’s no risk of getting a bill by making a comment, asking a question or just contacting us.

You agree that any comment or question that you may ask may be published on this site, after editorial review, for the benefit of future readers. Our editors may edit comments in their discretion. For example we will would seek to remove information that would identify you.

The Corney & Lind lawyers (law experts) are of course happy to give legal advice, that’s what they do for a living. However it is only legal advice when you have engaged Corney & Lind Lawyers to provide legal advice for you. Before you do that you want to have an idea of what it might cost and our lawyers are happy to communicate with you about this.

We may change any of these terms and conditions at any time in our discretion by changing them on this page.

You must scroll down the terms & conditions before you can agree.

Previous post:

Next post: