Are You Entitled to Receive Financial Contributions?

It can be an exciting but overwhelming time being pregnant, especially if you’re going it alone. Last week on our blog we explored the rights an expecting mother may have in receiving financial contributions from the father. This week, see how the law would work in a real situation. You may find that you or someone you know is going through the same struggle and could benefit from this advice.

Family lawyers in Brisbane

Family lawyers in Brisbane

An example of how s67B works

  • Baby A is due on 1 March 2018. The mother, Jane, goes on maternity leave on 1 January 2018. Jane can seek maintenance from Baby A’s father, John, from 1 January 2018 (2 months before A is due to be born) through to 31 May 2018 (3 months after A is born). If Jane’s doctor tells her (and confirms in writing) that working is causing undue strain on Baby A and that Jane needs to finish work on 1 December 2017, Jane can claim support from 1 December 2017 if she stops work on that day, even though this is more than 2 months before Baby A is due.
  • The court has found that Jane can claim costs from John such as:-
    • Rental expenses
    • Food bills
    • Telephone and internet bills
    • Car and Petrol costs
  • But that Jane can’t claim for costs (under s67B) such as:-
    • Entertainment expenses like going to the movies;
    • Baby clothes and accessories like dummies or floor mats;
    • Baby furniture like a cot.
  • The court won’t take into account that Jane is getting a $5,000 baby bonus from Centrelink, but will consider that she lives at home and her parents own her car as a possible financial resource.
  • The court will also consider that Baby A’s father, John, has recently lost his job and that it will take him some time to find a new one. They’ll also consider the fact that John has a 2-year-old son who lives with him 9 days a fortnight for whom he does not receive any child support.

To find out more about child support options or parenting arrangements, click here.

Please be advised that each circumstance will differ. Please contact our family lawyers in Brisbane for a free 15-minute telephone consultation if you think section 67B may apply to you.