You might have heard of spousal maintenance, but few have heard of the term “child birth maintenance.” Child birth maintenance is different from both spousal maintenance and child support because it is specifically concerned with supporting women through the birth of their child. Family law lawyers explore this topic below.
The Family Law Act s 67B states that a father (who is not married to the child’s mother) is liable to make a proper contribution towards:
- The maintenance of the mother for the childbirth maintenance period in relation to the birth of the child, and
- The mother’s reasonable medical expenses in relation to the pregnancy and birth.
The Childbirth Period
The childbirth period is defined as two months before the child is born (unless a doctor advises the mother to stop working for medical reasons prior to this) to 3 months after the child is born.
What Kinds of Expenses?
When deciding what expenses can be accounted for, Judge Demack in Millar & Johnston  FCCA 543 (13 March 2015) suggested family law lawyers need to distinguish between items that have been purchased for the mother or the child. Items purchased for the child would rather come within the scope of child support.