Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Childbirth expenses

How to get financial support during pregnancy for childbirth expenses.

If you are pregnant and no longer in a relationship with the other parent, you may be able to get childbirth maintenance. This is financial support during the pregnancy and birth period.

This information applies when the child’s mother and father are not married. The law about childbirth maintenance uses gendered terms, so this page sometimes uses ‘mother’ and ‘father’.

About childbirth maintenance

Childbirth maintenance can help cover reasonable costs during pregnancy and after the birth (the childbirth maintenance period).

This can include:

  • living expenses
  • medical expenses related to the pregnancy and birth of the child.

Payments cannot be used to cover expenses for other children in the mother’s care.

Childbirth maintenance period

You can get childbirth maintenance:

  • from two months before the baby’s due date
  • until three months after the birth.

If a doctor tells you to stop working earlier because of the pregnancy, payments can start from the date you stop working.

What maintenance can cover

Living expenses

Childbirth maintenance can help pay for:

  • rent
  • electricity and gas
  • food
  • telephone
  • household supplies
  • pregnancy clothing for two months before the birth.

Medical expenses

The other parent can also help pay reasonable pregnancy and birth-related medical costs. These can include:

  • medical and surgical treatment
  • dental treatment
  • tests and other diagnostic services
  • hospital care
  • nursing
  • medication
  • physiotherapy.

If you and the other parent agree

If it is safe to do so, you and the other parent can make an agreement between yourselves. Together, you can decide on amounts and dates that payments will be made.

Write down what you agree. This can help you both understand the arrangements. If you can, get legal advice before making an agreement.

If you and the other parent disagree

If you cannot agree, you may need to try family dispute resolution before applying to court.

Family dispute resolution can help separated parents try to reach an agreement. Go to Using family dispute resolution to find out more.

Applying to court

If you cannot reach an agreement, you can apply to the Federal Circuit and Family Court of Australia for a court order.

Apply within 12 months after the child is born. You can apply later, but you will need the court’s permission.

You will need to provide:

  • a list of the expenses you are claiming
  • receipts or other evidence of these expenses.

What the court considers

The court looks at both parents’ financial situations, including:

  • their income
  • their ability to earn
  • any property, savings or financial resources they have
  • their living expenses and financial responsibilities, including supporting other children or dependants.

The court does not count some Centrelink payments when considering each parent’s finances. This includes:

  • newborn supplement
  • newborn upfront payment
  • some paid parental leave payments.

We understand that these issues can be stressful. Our child support lawyers may be able to help. To find out more, go to Enquire about a child support appointment.

When you contact us, please provide the following information if you have it:

  • your child’s due date or birth date
  • an estimate of how much childbirth maintenance you are seeking
  • details of your pregnancy or birth-related medical expenses, including any costs you have already paid
  • information about your income
  • any information you have about the other parent’s income or employment.

You do not need to have all of this information before contacting us.

Explore our publications

Support from other organisations

Updated

Legal Help Chat