Father Paying/Contributing Expenses During Pregnancy, and Legal Rights.

[Yael]

Ok, so this is what my husband has to say (disclaimer: this is not official advise, but it is freely avaliable from "the guide" on the child support website - or you can call CSA and ask them about "presumption" ph. 131272).

Ok, basically if he wont sign the birth ceritificate there is possibly another way that you can can provide proof of parentage. Basically the CSA can "presume" that the father in the parent of the baby under certain circumstances (i.e. baby was concieved during a marriage etc). However, where the 2 parents weren't married section 2.2.4 of the guide states:

the person is a man who cohabited with the child's mother at any time during the period beginning 44 weeks and ending 20 weeks before the child was born, but they were not married at any time during that period. Cohabitation involves living together in a domestic relationship. CSA can consider the financial and social aspects of the relationship, the nature of the household and the sexual relationship between the 2 people, in deciding whether they cohabited.

So in english this means if you lived together from either 20 - 44 weeks before the baby was born then they can presume he was the father... How they will require proof of this - it is best to contact the agency yourself and give a more detailed description of your circumstances.

Otherwise in reference to what Divvy said, I think that she may be referring to a section 106a order (under the child support assessment act 1989 not the family law act - unless she is talking about something different ??). Anyway, a section 106a order is a declaration form the court stating that the man is the father of the child. You need to petition the court (not CSA on your behalf), and most likely they will require DNA testing.

Declaration that a carer parent (s106A) or a liable parent (s106B) is entitled to a child support assessment

If CSA refuses a carer parent or liable parent's application for a child support assessment, and one of the reasons was that CSA could not be satisfied that the person named was a parent of the child, they can apply to a court for a declaration that they are entitled to an assessment of child support. The person that the payee named as the payer is the respondent to the payee's court application and the person that the payer named as the payee is the respondent to the payer's court application. CSA is not a party to the court application unless it decides to intervene in the proceedings.

In regards to whether you should persue a legal path, it is only something that you can decide but you should legal advice. Remember there are implications and BG mentioned above for your support from centrelink if you do not persue a child support case.

ETA: If you can't get a case started the CSA can't do anything (garnish his wages etc). And CSA will not act on your behalf to get him legally named as the father (see section 4.3.2 of the guide).

Once you have a case registered then you have options on how to collect (in your case if you do not have an amicible relationship then the CSA can collect on your behalf. There are enforcement powers they have if he does not pay, but just a warning, these are not foolproof and people can avoid child support if they try hard enough).

By the way, forgot to mention, the guide is CSA legal guide ti the relevant legislation, basically, it makes the reading of the legislation a bit more palitable. If you don't understand it, call CSA and they will explain it all to you.