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Under section 67B of the Family Law Act, the father of a child, whether or not he has ever lived with the mother, is liable to contribute to the mother's maintenance for the period before the birth. These expenses can include clothing for the child, cot and car seats as well as her medical expenses, including surgical, hospital, nursing, pharmaceutical and related costs. Proof of these expenses should generally be retained. Should the mother or child die in circumstances related to the pregnancy or birth, funeral expenses can also be claimed.

The Court will consider the financial situation of each parent and any special circumstance that may cause injustice or undue hardship. However, the Court must disregard any entitlement of the mother to an income tested pension, allowance or benefit (e.g. parenting payment or Maternity Allowance) (s67C, FLA). Applications may be made to the Family Court either before the birth or within the first 12 months after the birth. Any later applications requires special leave of the Court.

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