Child support for an unwed mother: What rights do you have and how to enforce them?

Quick overview

An unwed mother can demand three things from the child’s father. First, self-support for two years after the birth of the child. Secondly, an allowance for the costs of pregnancy and childbirth. And thirdly, she can demand, while pregnant, that the man whose paternity is probable should deposit an amount in advance for her maintenance, for pregnancy and childbirth costs, and also an amount to provide for the maintenance of the child for a period equivalent to maternity leave. The claims must be made in time, as the case-law of the Constitutional Court states that the time limit is time-barred.

Who is entitled to maintenance for an unwed mother

The legislation addresses the situation where the mother is not married to the child’s father. In that case, the father of the child provides her with reasonable maintenance for two years after the birth of the child and makes a reasonable contribution to the costs of pregnancy and childbirth. The law does not require the parents to be cohabiting or to be partners. The decisive factor is that the mother is unmarried and that it is established who the father of the child is, or at least that his paternity is probable for the purposes of interim protection.

In practice, the situation is usually easiest when paternity is acknowledged by the parents’ consent or the father is registered on the birth certificate. If the man denies paternity, it is usually necessary to resolve the establishment of paternity first. Only then is the decision on maintenance for the mother and child support based on that.

Maintenance for the mother is not the same as maintenance for the child

This is a common source of confusion. Maintenance for an unwed mother is intended to ensure that a woman has adequate resources for her own living needs in the sensitive period around childbirth and in the first two years after the birth of the child. Child maintenance is a separate entitlement of the child and is used to meet the child’s needs. Both can be claimed at the same time, but the court considers them separately.

Thus, for the mother, it is not “substitute child support” but her own legal right. In practice, this may be particularly relevant where the mother is caring for a newborn after giving birth, has limited earning capacity and also needs to pay for housing, food, medicine or other day-to-day expenses.

What can the father of the child be required to do

The law speaks of two basic categories of benefits. The first is reasonable maintenance for the mother for two years after the child’s birth. The second is an allowance for the costs of pregnancy and childbirth. These costs are usually claimed, for example, for additional payments for medicines, vitamins, maternity clothes, certain medical aids, travel to the doctor or other demonstrable expenses directly related to the pregnancy and childbirth.

In contrast, baby gear is typically not included in this claim. A stroller, crib, diapers, or baby clothes are more commonly addressed under child support or as part of the parents’ agreement to care for and fund the child’s needs. This is also practically important when drafting a motion: it is better to separate these items from each other and not mix them into one vague amount.

In addition, the law allows the court, before the birth of the child, to order the man whose paternity is likely to be established to deposit in advance the amount needed for the mother’s maintenance and for pregnancy and childbirth costs. It may also order him to advance the amount necessary to provide for the maintenance of the child for the period during which the woman would be entitled to maternity leave. This is particularly useful in cases where the mother knows that she will be left without support after the birth.

How the court determines the amount of maintenance

There is no fixed table for maintenance for an unwed mother. The court always looks at the specific circumstances of the case. It takes into account the mother’s reasonable needs, her income and financial circumstances, but also the abilities and resources of the child’s father. The case of a student with no income will be different from that of a woman with a higher income of her own. Similarly, the court will take into account whether the child’s father earns an average wage or has a significantly higher income.

In practice, it is a good idea to prepare as specific a list of costs as possible. It is not enough just to say in general terms that ‘I need money’. Documented monthly expenses for housing, food, hygiene, medicine, transportation, pregnancy supplies, and other items work better. For costs related to pregnancy and childbirth, receipts, invoices or medical reports can help.

How and when to claim

These claims are not decided by the authorities, but by the courts. The mother therefore applies to the court. The advantage is that maintenance for the unmarried mother and reimbursement of the costs of pregnancy and childbirth can be awarded retroactively, but not more than two years after the date of birth. However, this is where caution is needed: according to the case law of the Constitutional Court, this is not a normal limitation period, but a prescriptive, i.e. forfeiture, period. After its expiry, the right ceases to exist and the court will no longer recognise it.

This has a big impact in practice. Those who file late may lose their entire claim, even if they are otherwise substantively entitled. It is therefore wise to deal with the situation as soon as possible, ideally during pregnancy or shortly after giving birth.

What to do if the father refuses to pay

If the child’s father does not pay voluntarily, you need to go to court and have an enforceable order in hand. It is only on the basis of this that the sums owed can be recovered, for example by enforcement. In the court application itself, it is important to separate exactly what you are claiming as maintenance for the mother, what you are claiming as compensation for pregnancy and childbirth costs and what you are claiming as child maintenance. It is inaccurate or mixed motions that tend to cause unnecessary problems in practice.

If the man denies paternity, it is often necessary to deal with the establishment of paternity first or in parallel. On the other hand, in a situation where paternity is probable, provisional financial security may be sought already during pregnancy pursuant to Section 920(2) and (3) of the Civil Code.

Example from legal practice

The client contacted us while still pregnant. She did not live with the father of the child, who initially promised support, but shortly before the birth he changed his attitude and began to claim that he would not pay anything until he had a final court decision in his hand. The client had a limited income, paid the rent herself and had already financed part of her pregnancy expenses with loans from her family.

We helped her prepare a proposal that accurately separated normal living expenses, extraordinary pregnancy-related expenses, and a request for an up-front amount before the birth. We provided the court with medical reports, a list of regular expenses and communication with the child’s father. As a result, the court awarded the client not only maintenance after the birth of the child, but also an allowance for the costs of pregnancy and childbirth. The key was that the application was made in a timely manner and was based on specific, provable amounts.

Summary

Under the Civil Code, an unwed mother is entitled to reasonable maintenance from the child’s father for two years after the child’s birth, as well as an allowance for the costs of pregnancy and childbirth. In addition, she may propose, already during pregnancy, that the man whose paternity is likely provide the necessary sums in advance. These claims are separate and cannot be confused with child maintenance. However, they must be exercised in good time, as the right ceases to exist two years after the birth.