Children of the state: what payments and benefits are due in Russia at the birth of a child to a single mother

A fair number of divorces, as well as the desire of many modern women to give birth to a child, as they say, “for themselves,” leads to the fact that currently in our country about a third of families are single mothers. The position of a single mother gives a woman the right to receive material support from the state, which is characterized by both one-time and long-term benefits, as well as many benefits and privileges in various areas of everyday life. The editors of FAN asked themselves what kind of child benefits single mothers are entitled to, what factors their size depends on, what benefits single mothers are entitled to claim in 2021, and, first of all, how one can obtain the status of a single mother, confirmed by the state. Yuri Kapshtyk, talks about this and much more .

photo from the personal archive of Yuri Kapshtyk /

Single mothers: what is the peculiarity of their status in terms of receiving state benefits?

Before considering the issue of paying child benefits to a single mother, you should understand what this status is.

“Legally, there is no fundamental difference between parents and a single mother, yet the category of single mother is allocated by the state, primarily conceptually. That is, legally a mother is recognized as single if she is raising a child alone and if the father is not identified and is not indicated on the child’s birth certificate,” says Yuri Kapshtyk.

Thus, even if in general the child lives surrounded by loving family members - uncles and aunts, grandparents, older sisters and brothers and, of course, his own mother, but the father did not recognize him and his data is not entered on the birth certificate, then the mother of such a child will be considered single and receives the right to appropriate financial assistance from the state. On the other hand, when the father recognizes the child as his own and the birth papers contain his data, but just as in the previous example, he lives outside the family and does not take part in raising the child, then the mother is no longer considered a single mother, even if in fact, she is raising the child alone, without the help and support of the above-mentioned family members. This is such an obvious injustice, nevertheless enshrined at the legislative level.

Federal News Agency /

How to avoid litigation?

It is possible to receive child support without resorting to judicial protection if the mother manages to come to an agreement with a man who does not deny paternity and is ready to help financially on a voluntary basis.

In such a situation, it is recommended to enter into an alimony agreement, which will spell out all the conditions for the transfer of money.

If the official biological father of the child does not want to pay alimony, it will not be possible to force him to fulfill this obligation in any manner other than a judicial one.

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To whom then does the state pay benefits?

As we see, the status of a single mother, which would take into account all the life and financial circumstances of a parent raising a child alone, has not been established at the state level. There are only such legal concepts as “a person with responsibilities within the family” and “single parent”, recognized by the Supreme Court of the Russian Federation. In relation to the resolution of the plenum No. 1, issued in the above-mentioned institution in 2014, the following are considered individual characteristics that allow a woman to be classified as a single mother:

• the mother has obligations to raise, develop and raise the child;
• the mother actually takes care of the child alone;
• the child’s father died or was lost for some other reason;
• the child's father is deprived of parental rights or declared incompetent;
• The child's father has been declared missing.

As a result, as already mentioned, if the father accepted the child or the fact of paternity was recorded in court, then the mother does not have the right to count on assigning the status of a single person. It is also impossible for a mother whose marriage has been terminated to obtain this status, but the father is indicated on the child’s birth certificate, because legally the mere status of being divorced does not mean automatic acquisition of the status. In this case, one or another state financial assistance is not expected, and the mother has the right only to go to court to collect alimony. There is also the opposite set of circumstances: previously a woman had the status of a single mother, but then registered her first or subsequent legal marriage. In this case, the assigned status will be lost, since in fact she will not be raising the child and supporting the family alone. And finally, a woman will be denied the status of a single mother if she gave birth to a child within 300 days after the official divorce or other reasons that influenced the loss of the father of this child.

pexels.com/Elina Fairytale

Legislation

According to current Russian legislation, a single mother is considered to be a woman who, when registering a child, does not present the baby’s father or indicates the father’s surname and patronymic independently. The Family Code of the Russian Federation regulates the rules for establishing the origin of a child (IC RF, Article 48), but the decision on who to name as the father in his official absence is made by the mother of the baby (IC RF, Article 58, paragraph 5). A single mother is a woman under the following circumstances:

• The child was born 10 months after the couple’s divorce, and was not recognized by the father.
• The child was born out of wedlock or after the death of a spouse and paternity cannot be established.
• The baby was adopted by an unmarried woman.
• The fact of established paternity was contested by one of the parents.

Possible advantages and disadvantages of acquiring the status of “single mother”

The status of a single mother, recognized at the state level, is in many ways a double-edged sword. On the one hand, a child without a father may have more freedom in his movements, because the mother will not have to, for example, obtain permission from the second parent to take the child abroad. On the other hand, a woman who has officially become a single mother does not have the right to demand alimony from a man. What is better: benefits and financial assistance provided at the state level, or alimony, which sometimes has to be obtained through the courts and waited for years? A single mother must decide this issue on her own, thoroughly weighing the pros and cons.

Is it profitable to apply for child support for a single mother?

What will be more financially beneficial: the benefits that come with being a single mother, or alimony? There are many nuances here.

• Alimony is calculated only from the official part of income.
• Men often hide their income to avoid paying alimony.
• Achieving alimony can be problematic due to the inaction of bailiffs and the inability to find the father of the children.
• Payments from the official part of the salary per child will be 25%. If a man’s official earnings are equal to the subsistence level, it will be 2-3 thousand rubles. At the same time, all benefits that single mothers receive will be cancelled.
• Benefits and payments will be permanent, but income from alimony may cease due to the man’s illness or change of job. The salary may be “gray”.

It is beneficial to apply for alimony if a man has a stable job with an official salary and official income from other activities. Also, the child’s mother can establish paternity and ask the court to order a fixed payment in an amount that is average for that particular region. This should be done when the father has no other income besides work. If he changes jobs and switches to a “gray” salary, the amount of the payment will not become less.

How much are standard payments to single mothers?

By default, the payment of financial assistance to single mothers is regulated by Federal Law No. 81. From February 1, 2021, a mother who is in single status, when a child is born, has the opportunity to receive a one-time benefit, the amount of which amounts to 18,886 rubles. Moreover, the benefit applies to each child born, does not depend on whether it is intended for a working or non-working single mother, and does not take into account the woman’s current income. Another thing is that if a mother does not work, she is deprived of the opportunity to claim the right to the most significant government payment - leave pay for pregnancy and childbirth. And her allowance for caring for a child up to one and a half years old will amount to only the minimum amount - 5036 rubles for the first baby, and a little more - 6803 rubles - will be the amount of financial support for a single mother for each child up to 1.5 years old, if she is raising two , three or more children.

The one-time payment upon the birth of a child may be increased depending on the region of residence of the single-parent family. Thus, in Moscow, in addition to the established amount of financial assistance to a single mother, upon the birth of her first child, a single mother receives an additional 5,500 rubles. If a single mother gives birth to a second, third child, and so on, payments to such a Muscovite from the state for each second and subsequent newborn will amount to 14,500 rubles in addition to the usual benefit.

pexels.com/Sarah Chai

Other privileges and benefits for single mothers

It is important to understand that a mother who is officially single does not lose the right to receive regular benefits, benefits and privileges that are due to all mothers.

“First of all, it must be said that the benefits intended for single mothers are the same as for other parents, however, there are a number of additional payments directly for mothers raising children alone, including mothers of large families,” comments Yuri Kapshtyk. “For example, until the child reaches one and a half years old, a woman in this position will be paid a monthly allowance to a single mother. In such cases, she will also be entitled to single mother support payments for up to three years.

Plus, it is legislated that a single mother cannot be fired from her job, including due to a reduction in the staff of the workforce. You also cannot send her on a business trip without obtaining additional consent. In addition, a single mother has the opportunity to receive unlimited sick leave to care for her child until he reaches seven years of age. Well, an important point is that a single mother has the right to claim a double tax deduction. If we talk about new benefits for single mothers, it is worth noting, for example, that from September 1, 2021, they, like all parents, receive additional one-time financial assistance in the amount of 10 thousand rubles to prepare the child for school and 3 thousand rubles each for each child to purchase a school uniform.”

Like other parents, single mothers have the opportunity to receive maternity capital, which they can use to improve living conditions, purchase a plot of land with subsequent development, or to educate a child. At the same time, the amount of maternity capital depends on how many children are raised by a woman recognized as a single mother.

A separate category of mothers are low-income single mothers, who, of course, can also take advantage of the right to receive government benefits. An incomplete family is recognized as low-income, based on an additional assessment of the circumstances of the standard of living - if the material support for one family member, including the child and the mother herself, is an amount not exceeding the subsistence level.

“In this situation, the mother can count on preferential payment for housing and communal services, free provision of meals to the child in a secondary general education institution, and the right to priority enrollment of the child in budget-funded places when entering a university. In addition, low-income single mothers have the right to request sanatorium-resort treatment for their child,” says the expert.

It should also be borne in mind that in different regions of the country the package of benefits, subsidies, additional payments and other privileges may differ, so a specific list of them should be requested from the local social security authorities and, to obtain, contact the guardianship authorities, the pension fund and the MFC.

Establishing paternity through court

Step No. 1. Preparation of documents

To establish paternity in court you will need:

1. Statement of claim, in accordance with Art. 131 Code of Civil Procedure of the Russian Federation.
2. Child's birth certificate (copy).
3. Receipt for payment of a fee equal to 300 rubles, in accordance with Art. 333.19 Tax Code of the Russian Federation.
4. Evidence of relationship between father and child.

Evidence may include:

• explanations of each of the parties and other persons;
• witness's testimonies;
• written and physical evidence;
• audio, video recordings;
• expert opinions, including those on molecular genetic testing.

Step No. 2. Appeal to the court

In accordance with Art. 28, 29 of the Code of Civil Procedure of the Russian Federation, the claim is filed in the district (city) court at the place of residence of the plaintiff or defendant. A request for an examination and for the inclusion of additional evidence is submitted on the spot, during the meeting. It can be expressed orally, then it is recorded in the protocol, but it is better - in writing.

If one of the parties evades the examination, fails to provide the necessary materials and documentation, and also when it is not possible to carry out the examination, a decision is made by the court on the basis of the available evidence.

Step No. 3. Submission of documentation to the registry office

Based on the court decision, an oral, written or electronic application is made to the civil registry office to establish paternity. He can be contacted by the mother, father, guardian (trustee) of the child, he himself - when he reaches 18 years of age, or another person on the basis of a notarized power of attorney.

In addition to the application, you will need:

1. Passport of the submitter.
2. Child's birth certificate.
3. A court decision that has entered into force.
4. Receipt for payment of a fee in the amount of 350 rubles for state registration and issuance of a certificate of paternity.
5. Power of attorney (in case of representation).

The certificate is issued on the day you apply for it.

statement of claim for the recovery of child support

Some other payments specific to single mothers from 2021

Maternity payments for low-income single mothers . They were introduced in Russia on July 1, 2021. The key requirements for obtaining this preference are to register for pregnancy before reaching 12 weeks, have an income less than the subsistence level, work, be on maternity leave, be registered with an employment center, or not work, for example, due to disability.

Benefit for children under 17 years of age . This payment for single mothers appeared in the country on July 1, 2021. Financial assistance of this kind will be issued every month, but the application for its receipt will need to be updated annually. It is important that not only single mothers, but also fathers, as well as official guardians of children from 8 to 17 years old, are entitled to receive the payment. The average per capita family income in this situation also cannot go beyond the subsistence level established in a particular region of residence.

conclusions

Request: “How to apply for child support to a single mother?” – is relevant, but from the point of view of the letter of the law it is not expressed accurately. A single mother cannot claim money, because the father is not legally identified.

1. A woman with single status receives state benefits for the child, but cannot go to court with a claim for alimony, since there is no defendant - the specific father of the child.
2. After identifying the father, the plaintiff ceases to be single, loses the right to benefits, labor, housing, and tax preferences, but gets the opportunity to claim support for the offspring, who will have a new metric indicating the official father who is obliged to support him.

How can I apply for benefits?

In order for a woman to be recognized as a single mother and accrue all available benefits and preferences, just one standard certificate in Form 25, proving the fact of the birth of a baby, is not enough. In addition, you will need to prepare a package of documents to attach to the application - this is a passport, birth certificate, a certificate certifying that the baby lives with the mother, a work record book (if available), a statement of the woman’s income (if she works) and, of course, bank account details for transferring benefits. If you receive a negative decision in response to your application, you can challenge it in court.

How to establish paternity voluntarily

To establish paternity out of court, it is advisable to use the following algorithm.

Step No. 1. Drawing up an application

Usually the application is written by both parents together. It can also be submitted during the mother’s pregnancy if there is a possibility of difficulties in doing so in the future, for example, when the father is seriously ill. Such a document expresses the consent of the parents of the unborn child for him to take the surname of one of them and the first name, in accordance with his gender. This is stated in Art. 48 RF IC and Art. 50 of the Law “On Acts of Civil Status” No. 143-FZ of November 15, 1997.

In accordance with Art. 48 RF IC and Art. 52 of Law No. 143-FZ, when a child reaches the age of majority on the day of filing an application, his consent to the procedure is required. It is usually stated in the text of the statement. In case of incapacity of the child, the consent of the guardian or the guardianship and trusteeship authority is provided.

Step No. 2. Preparing a set of documentation

The application must be accompanied by:

1. Parents' passports.
2. The child’s birth certificate (if it has already been issued) or a certificate from a medical institution or from a private doctor about pregnancy.
3. Consent of a child who has reached the age of eighteen (if it is not in the text of the application).
4. Consent of guardianship if the child is incapacitated.
5. A receipt confirming payment of a fee in the amount of 350 rubles, in accordance with Art. 333.26 Tax Code of the Russian Federation.

paternity claim

Step No. 3. Contact the registry office

The application must be submitted to the civil registry office located at the place of residence of the father, mother or at the place where the child’s birth was registered. Documents are delivered in person or through the Unified Portal in electronic form.

If the parents cannot write a statement together, everyone has the right to draw it up on their own behalf. The signature of a person who cannot be present when submitting papers in person must be confirmed by a notary.

Typically, a certificate is issued on the day the application is made. If the application is submitted while the woman is pregnant, registration can be carried out after the birth of the new citizen. In this case, there will be no need to re-send documents if they were not withdrawn before registration.

Note! In accordance with Art. 53 of Law No. 143-FZ, registration of paternity establishment will be refused if the records already contain information about the child’s father, except for the case when they are entered from the words of the mother.