By Allison Kruk Ormond, Esq.
On March 5, 2024, the Kentucky State Senate passed legislation permitting parents of unborn children to receive child support. Garnering support from 90% of Kentucky state senators, Senate Bill 110 would permit parents seeking child support to obtain financial assistance for expenses incurred during pregnancy up to one year after the child’s birth.
This legislation would allow parents to receive financial support during their pregnancies and would make child support obligations applicable to unborn children. If the law takes effect, child support would be awarded retroactively to compensate for costs incurred by the mother during the child’s gestation.
Similar child support laws are already in place in Georgia, which allows expectant mothers to receive reimbursement for pregnancy-related expenses from the child’s father, provided they maintained appropriate documentation and gave birth after July 20, 2022.
However, under New Jersey law, a child is not considered a “person” until after it is born. As a result, issues like custody and child support cannot be decided by a judge in a divorce or separation dispute when the child is in the womb.
That being said, there is nothing preventing parents from discussing and coming to a preliminary agreement on these important issues prior to the child’s birth. Doing so can possibly avoid the pain and expense of a prolonged custody battle or conflict over child support during the postpartum period.
In addition, the parties may be able to contract amongst themselves into reimbursement for pregnancy-related expenses, depending on the circumstances and each party’s willingness to agree.
Lastly, medical expenses incurred on behalf of the child after they are born may be subject to reimbursement by the other parent, depending on the circumstances and the timing of any post-birth child support petition.
Adjusting to life with a newborn can be stressful enough. Attempting to preliminarily resolve issues like child support payments and a child custody schedule may help ameliorate strife down the road. However, negotiating child custody and child support in New Jersey can be difficult on your own.
Working with a family law attorney during pregnancy can be vital in establishing a child support order after the child’s birth and advocating for your rights throughout a separation or divorce proceeding.
Schedule a free consultation with Ormond Law today and have an unwavering ally in your corner, fighting for your and your family’s best interests. Learn your rights when it comes to court-ordered child support; when one party is obligated to pay child support; and how to mitigate the stress of going through a divorce or separation while expecting a new baby.
For more information on the potential legal consequences of getting a divorce while pregnant, please see our earlier blog post, “Can I Get A Divorce If I Am Pregnant?” linked here.