A member asked over 7 years ago

Separation whilst pregnant

Hi. I'm 27 weeks pregnant with twins and my partner has moved out. My unpaid maternity leave in 6 weeks and I need financial advice. I also have a 5 year old from a previous relationship. Although I have some savings and own my home, there's no equity in it and moved to interest only repayments recently. Our plan was that my ex partner's salary was to cover costs while I am on maternity leave. Now he has gone, I have lost the contribution from him and he says he will contribute 50% of expenses for the twins. I believe part of the reason he wanted out of the relationship was so that he didn't have to take care of all the bills. Any advice on what I am entitled to? I won't be able to pay my mortgage.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. In your situation, there are several services available to help ease your financial hardship. Government payments are offered for a wide range of personal circumstances, and the courts can also issue child support orders to ensure that ex-partners contribute financially to the expenses associated with caring for children.

A single, expectant mother who was employed before the birth of their child(ren) may be able to access Parental Leave Pay. To be eligible for Parental Leave Pay an individual will need to meet certain employment criteria, including having worked for at least one day per week for no less than ten of the past thirteen months before the birth. If you satisfy this and the other requirements, or otherwise receive an exemption, you will likely be eligible for this payment.

There are other financial assistance packages offered by the government that do not necessarily require you to have been working before the birth, including the Newborn Upfront Payment and Parenting Payment. For more information about these financial assistance payments, including your eligibility, visit the Separated parents section of the Department of Human Services website (www.humanservices.gov.au).

Depending on the nature of a relationship before the parties separated (i.e. a marriage or de facto relationship), it is likely that the partner who is not the primary carer of the children will be required to provide financial assistance in the form of child support. The Department of Human Services calculates the amount the parent is required to contribute. The Federal Circuit Court (www.federalcircuitcourt.gov.au) can also issue legally-binding orders to enforce payment if you, as the other parent, make an application for these orders.

If your ex-partner has agreed to pay 50% of the children’s expenses, and you are satisfied with this contribution, you can apply to the court to formalise this agreement. If you are not satisfied with this contribution, you should contact the Department of Human Services to obtain an estimate, based on their calculations, of what an appropriate contribution would be.

Suggested way forward

To ensure you receive the financial assistance you are entitled to, you should consider speaking to a family lawyer, and financial advisor or counsellor, who will be able to advise you on the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

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