child support

[two cheeky smurfs]

Hi im curently pregnant with twins and am single. the FOB walked out and wants nothing to do with them and has gone as far as changing his number so i cant contact him. I wasnt planning on putting is name on the birth certificate.. does anyone know anything about this? Also ive heard that if you dont claim child suport you get some money deducted... does anyone know about this also?

[missie_mack]

Not placing him on the birth certificate does not mean you cannot claim child support, the two are very independent.

Each state differs with birth certificates as they are a state function whereas child support is the same department for everyone being ran federally.

Whilst I wouldn't try and coerce someone into putting a unwilling father on a birth certificate I would encourage them to claim child support.... why should he get off scott free and live a free life whilst you are left holding the baby. He was involved in the conception therefore should live up to his responsibilities whether he likes it or not

[SPC]

I'm just working through this. You have to state who the father is on the birth registration; it isn't optional. It's up to him to sign it. The registry will chase him, [they're chasing my FOB and he's not even in Australia]. If you say you don't know his name on the BC you can't claim child support - because CSA will want to see the birth certificate.

[missie_mack]

Hmm well I cannot comment for other states but in NSW


The Registration of Births Deaths and Marriages Act, 1973 provides that within one month following the birth of a child in New South Wales “a parent of the child” shall register that birth.6 If the child is “exnuptial” the father is not obliged to effect registration.7 Section 11(3) provides that the “parentage of’ the child shall be recorded. The prescribed document that should be completed contains a section headed “Father” and requires details of the father s name, occupation age and place of birth. However, the Act contains special provisions relating to exnuptial children8 which as a general rule prohibit the recording of any details of a man as a father unless he is agreeable or unless a court has ordered it. Statutory provisions exist for the referral to courts of paternity claims by women and men. There also exist statutory provisions making it a criminal offence to furnish wilfully false information with respect to a birth certificate.

Also to note the NSW Births Deaths and Marriages Registration Act 1995 No 62 states

18 Registration of parentage details
The Registrar must not include registrable information about the identity of a child’s parent in the Register unless:

(a) both parents of the child make a joint application for the inclusion of the information, or
(b) one parent of the child makes an application for the inclusion of the information and the other parent cannot join in the application because he or she is dead or cannot be found, or for some other reason, or
(c) one parent of the child makes an application for the inclusion of the information and the Registrar is satisfied that the other parent does not dispute the correctness of that information, or
(d) a court orders the inclusion of the information in the Register, or(e) a court makes a finding that a particular person is a parent of the child, or
(f) the Registrar is entitled under any law (including a law of another State or the Commonwealth) to make a presumption as to the identity of the child’s parent, or
(g) the regulations authorise the Registrar to include the information.


An application for child support is not solely dependant on the father being listed on the birth certificate. There are a number of factors (http://www.csa.gov.au/media/paternity.aspx)considered. If you give the details of the father to them they will write to him requesting his confirmation. If he doesn't confirm it usually goes to the next step of going to court for DNA purposes where the court can then verify this and he can insist on having his details added if he so wishes. An addition of a fathers name to a birth certificate in NSW (http://www.bdm.nsw.gov.au/births/addFathersDetToBirth.htm) costs $100 currently.

[SimplyMum]

In NSW;

You can not put FOB on the birth certificate

Apply for an exemption from Centrelink to not claim child support i.e fob is abusive, don't know who fob is (because it was a one night stand or you had multiple partners)- this way wont effect your payments.

[HarvestMoon]

If you don't want to put the father on the birth certificate just put "unkown" under the fathers details. They won't ask any questions.

As others have said you will still be able to claim child support regardless of whether the father in on the birth certificate or not. You will just have to prove paternity through other means( him putting it in writing, DNA test, etc..). If you don't want to claim child support and don't want to lose any money from your centrelink your best bet is to tell centrelink you don't know who the father is.

[SPC]

If you don't want to put the father on the birth certificate just put "unkown" under the fathers details. They won't ask any questions.

As others have said you will still be able to claim child support regardless of whether the father in on the birth certificate or not. You will just have to prove paternity through other means( him putting it in writing, DNA test, etc..). If you don't want to claim child support and don't want to lose any money from your centrelink your best bet is to tell centrelink you don't know who the father is.

I was asked lots of questions! I had to fill out a huge stat dec saying exactly how I lost contact with FOB. Esme is 12 weeks old and still doesn't have a birth certificate.

CSA rejected my application for child support as his name isn't on the birth certificate, [the theoretical one I don't have yet], and I now have 60 days to contest it. So legal aid is writing to FOB to notify him that I'm applying for a court order for child support. The court may order a paternity test, but they cannot compel him to have it. If he refuses they may declare him the father anyway. It's not easy, or simple.

Saying you don't know who the father is on legal documentation is not necessarily a good plan. It won't look good if he ever decides to apply for custody. And it's defrauding the government, which wouldn't look good in court either.

[HarvestMoon]

I was asked lots of questions! I had to fill out a huge stat dec saying exactly how I lost contact with FOB. Esme is 12 weeks old and still doesn't have a birth certificate.

CSA rejected my application for child support as his name isn't on the birth certificate, [the theoretical one I don't have yet], and I now have 60 days to contest it. So legal aid is writing to FOB to notify him that I'm applying for a court order for child support. The court may order a paternity test, but they cannot compel him to have it. If he refuses they may declare him the father anyway. It's not easy, or simple.

Saying you don't know who the father is on legal documentation is not necessarily a good plan. It won't look good if he ever decides to apply for custody. And it's defrauding the government, which wouldn't look good in court either.

If you are putting down "unkown" they don't ask question... There isn't alot to ask. Centrelink don't care if the FOB isn't on the birth cert and the father can still apply for custody/has the exact same rights whether he is on it or not.

I know quiet a few people that have done this and have never had any issues. One of them even had the midwife write it on the form for her because she knew the story of her ex.

[Sammy76]

I agree with SPC, I would be very cautious saying that you don't know who the father is, when you do know who they are. If you do, you will have to sign a stat dec, and then it is a legal document, and if they ever found out in the future that you did know who the father was, you could get into a lot of trouble - maybe fines or perhaps even having to pay the money back - I think, not absolute sure, but I know it wouldn't be viewed lightly. Is it really worth it? I wouldn't personally feel comfortable lying, cause you could get caught.

I looked into this when I was pregnant, and I found out that if the mother is concerned about the father being involved (for example, if they are violent, made threats or you fear the father being involved for other reasons etc) and they speak to a councellor (can't remember the proper name) at centrelink, if they feel you have enough reason to not pursue them for child maintenance, they MAY give you an excemption. This means that they will give you the full amount from centrelink. I don't think a lot of people are aware of this. But it is something to consider if you are fearful of the father, or he has made threats etc. Call centrelink to make enquiries regarding this 'excemption'.

But no, there was no way I was going to lie, these things have a way of coming back to bite you in the you know what :no:

[SPC]

If you are putting down "unkown" they don't ask question... There isn't alot to ask.

Not always. I know several 'single mothers by intention' who used sperm donors and were given a very hard time by the registry. One woman had to get a letter from her ivf clinic stating the father was an anonymous donor before she could get her baby a birth certificate.

[HarvestMoon]

Not always. I know several 'single mothers by intention' who used sperm donors and were given a very hard time by the registry. One woman had to get a letter from her ivf clinic stating the father was an anonymous donor before she could get her baby a birth certificate.

Oh ok. Maybe in different states it easier? Or maybe it's an age thing? All the mums i know that have done it have been younger... i guess you are automatically deemed a **** by most so they just take your word for it?

[ladybugblue84]

In QLD your FOB needs to sign the birth certificate to be included I think and I think if you don't claim child support your centrelink is affected if it is not for a "valid" reason I guess.

I think your best bet is to provide all information to the best of your knowledge. Whilst the FOB's is trying to avoid you he shouldn't be avoiding his responsibilities as a father. If you provide all information to Centrelink & the CSA they will chase him for you, they are equipped to deal with situations like yours!

[two cheeky smurfs]

Thanks to everyone who replied.... all answers and opinions were very much appreciated :-) after reading these comments i made some enquires today. Im from SA and i can put unknown on the birth certificate without questions. And as for child support i agree... ill just give all info that i have on the father and leave it up to them :-) once again thanks everyone