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.
Get help from Victoria Legal Aid
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
Explore our related pages
- Proving who the other parent is
- Child support
- Other support for parenting arrangements, child contact and child support.
Support from other organisations
- Services Australia (Child Support) has information about child support issues. You can call their Child Support Enquiry Line on 131 272.
- If you need legal advice, you can find a private lawyer through the Law Institute of Victoria’s Legal Referral Service. Before hiring a private lawyer, see the Victorian Legal Services Board + Commissioner’s video and fact sheet about legal costs. Go to Six questions to ask about legal costs.
- Some community legal centres provide child support services. See the Federation of Community Legal Centres website to find a centre near you.
- Family Relationships Online provides information and help on family relationship issues and parenting arrangements after separation. Visit their website or call their advice line on 1800 050 321.
- National Debt Helpline provides free advice and referrals to financial counsellors.
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