Can they collect a debt from their wife: ways to protect themselves

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Published: 02/20/2016

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In addition to state assistance for pregnancy and childbirth, which only the mother of the child can receive, there is monthly maternity compensation. Payments are due to a person caring for an infant up to one and a half years old. According to the law, people who are entitled to receive child benefits are:

work officially;
were fired or declared unemployed less than 12 months ago;
are studying full-time at a higher or secondary educational institution;
are employees of internal authorities or military personnel;
registered as an individual entrepreneur.

Most often, payments are made to the mother. However, there are times when families need to arrange maternity leave and benefits for another person. If the mother for some reason cannot be on maternity leave, this responsibility can be taken on by a member of the baby's family . The following can look after the baby:

father;
grandma or grandpa;
another relative or guardian.

In what cases is a husband entitled to maternity benefits?
How to apply for maternity leave for your father
Can both parents receive maternity leave at the same time?

Payments upon birth of a child

Cash benefits are divided into payments for pregnancy, birth and for caring for a baby up to 1.5 years old.
When a child is born, many questions arise regarding registration of leave to care for him, as well as receiving maternity leave. More often the mother stays with the baby. This vacation allows you to stay close to your child, monitor his development and health.

In order to be able to provide for their own life and the life of the child, the mother or father is provided with “maternity leave”. They make up approximately 40% of the salary. Cash benefits are divided into payments for pregnancy, birth and childcare upon reaching 1.5 years of age. Those who are not entirely aware generalize such accruals, calling them “maternity leave”, although this is not entirely correct.

Can a husband receive maternity benefits if his wife is pregnant?

Of the three possible benefits, a man has the opportunity to claim one-time assistance for the birth of a child, as well as monthly payments. Only the woman who is carrying the child receives maternity benefits. But this is only possible if it officially works.

More often, after giving birth, a woman stays with the child and receives all the required payments. But if she decides not to do this, she can refuse the vacation. In this case, payments will be credited to the husband who goes on maternity leave or to another relative raising a newborn.

Can a husband receive maternity benefits instead of his wife in 2020?

In 2020, a husband can receive money for his wife only if he is on maternity leave, that is, if he took care and applied for leave benefits for himself. The husband is not entitled to any other payments, since the mother carries and gives birth to the child. The very formulation of the question “maternity benefits for the father” is legally illogical and even meaningless.

For those who were insured by state funds.
Those who were laid off due to reorganization or liquidation of the organization.
Full-time students in institutions that have the appropriate license.
In military service.
Those who are in the ranks of military formations as civilian personnel.

How to apply for maternity leave for your husband

In order to apply for parental leave, the husband needs to inform his superiors about this and write an application. If the husband and wife decide that she refuses vacation, then he will have to inform the work about this in advance, so that after the birth the man can begin his new responsibilities.

The procedure for applying for maternity leave for a young father is the same if the mother is doing it. The only difference is that he will not be able to claim maternity benefits, which are due exclusively to those who give birth. If a man is officially employed, he needs to apply to his place of work. If not, contact the social security authorities.

Can a husband receive maternity leave and work?

A man can combine work and maternity leave and still receive benefits

While on maternity leave, a man can work part-time or have a home job. However, he will not be deprived of benefits. While he is raising a child up to 1.5 years old, his place and position remain assigned to him.

Article 256 of the Labor Code states that a person can have a part-time job and receive financial assistance, but it does not specify how many hours it should last. Another article 91 specifies that the sum of working hours per week cannot exceed 40 hours. Article 93 says that this may be an incomplete shift or an incomplete week.

Regardless of how many hours an employee devotes to work, this will not affect the amount of cash payments.

How can a husband get maternity benefits if his wife doesn’t work?

The question of who will receive maternity benefits is decided by the young family. If the wife does not work at all or is unofficially employed, she will not receive benefits. But even if the wife does not work, the man must obtain a certificate from the local social security authorities stating that the wife did not receive benefits.

To resolve this issue of how a husband can receive child care payments, it is necessary to collect a package of documents and submit them to his place of work. If the father of the family officially works in several jobs at once, he has the opportunity to submit documents to all organizations.

Can a husband receive maternity benefits?

Yes maybe! This will be a one-time child benefit, for which you need to collect the relevant documents - a copy of the birth certificate, a certificate of marriage registration, an application for payment of maternity money, a copy of the work record book of the child’s mother. By the way, leave for a child up to one and a half years old with payment of benefits. This benefit can be assigned to both mothers and fathers, but only in this case that both parents are working! This maternity leave is paid under the following conditions: 40% of average earnings, but not more than 7 and a half thousand.

Interesting: Is it possible to cross a continuous line?

What is “maternity leave”? This is a maternity and pregnancy benefit, which is accrued and paid to the woman who gave birth for 140 days, in other words, 70 days before childbirth and 70 after it. Such “vacation pay” is assigned only if there is a sick leave issued to the expectant mother for a period of 30 weeks at the antenatal clinic. The entire amount of maternity leave is paid by the employer, and then 100% is reimbursed to him by the Social Insurance Fund. Well, now it’s worth thinking about, can a husband get maternity leave?

Why is it more convenient to arrange payments for your husband?

Payments for the husband are processed in the same way as for the wife. The procedure is practically no different in complexity, but the question often comes down to benefit. Payments for a child depend on the average salary of the organization where the employee is employed and they amount to 40% of the salary. Accordingly, the higher it is, the greater the amount of benefits will be.

If a woman submits documents to the social protection authorities, the amount of payments in this case will also be 40%, but from the subsistence level.

Features of registration of maternity leave for father or grandmother

If an officially employed grandmother goes on maternity leave, then a social benefit is issued in her name until the child reaches 1.5 years of age, which is paid by social insurance authorities in the amount of 40% of average earnings.
If the grandmother is a pensioner and does not work, then she is entitled to social benefits in the following cases:

Today, mothers provide financial stability for the family, while fathers are left to manage the household and develop their offspring. There is another life scheme, when custody of children is entrusted entirely to the grandmother, while the parents earn their “bread,” so to speak.

Documents for benefits

In order for the husband to be able to receive funds, he needs to collect the necessary papers. The package of documents consists of:

statements;
citizen's passports;
certificate of income from the workplace;
work records of both young parents;
child's birth certificate;
certificates from the wife’s place of work, educational institution or labor exchange stating that she does not receive any payments for the baby;
birth certificate of the child, which is issued by the registry office;
card number, bank account to which funds will be credited;
an extract that will confirm the baby’s registration.

If we are talking about an officially working citizen, he will also need SNILS. Those who are unemployed or informally employed do not need it.

Registration of maternity leave and child benefits for the child’s father or grandmother

Maternity leave is always one of the most difficult periods, because the baby needs care and attention, and the mother does not always have the opportunity to stop working for a while. The reason for this may be various circumstances: from the reluctance to lock yourself at home with the baby to the need to earn money that is missing from the family budget. In these cases, it is necessary to remember that it is not always the mother who should take maternity leave . Other family members also have the right to this.

After this, the father has the right, at his own discretion, to switch to part-time employment and continue to work at his previous place while on maternity leave. This can be beneficial if the mother is unemployed and needs to apply for benefits for her husband, who has a high official salary. At the same time, the father is subject to the rule that it is impossible to terminate the employment relationship with him during the period under review at the initiative of the employer.

How are maternity payments calculated?

The amount of benefits is 40% of the average salary

Payments when a man goes on parental leave are calculated according to the same scheme as for women. The amount of benefits is 40% of the average salary. They will occur before the child is 1.5 years old.

In order to calculate the amount of payments, transfers to the employee’s account over the last two years are taken into account. But, despite this, at the legislative level there are some restrictions regarding the maximum amount of payments. The amount of payments cannot exceed 23,120 rubles. But also payments cannot be less than 3120 rubles. If this is the second child, then the amount should not be less than 6131 rubles. This applies even if, when calculating, the amount of benefits is lower - the amount indicated above is taken as the minimum.

Also, if the maximum amount for a child is 23,120 rubles, then for the second child the limit will be 46,240 rubles.

Rules for receiving maternity payments for a wife by a husband at his place of work

You can receive such benefits at the place of work , that is, through the employer's deduction of contributions to the social fund, as well as for persons who are not officially engaged in labor activities, through the social security department at their place of residence.

Federal Law 05/19/1995 No. 81 “On state benefits for citizens with children” (establishes the types of benefits transferred, the procedure for their calculation, terms of provision, the list of persons entitled to receive them);
Federal Law 12/29/2006 No. 255 “On compulsory social insurance in case of temporary disability and in connection with maternity” (establishes the types of insurance coverage, the procedure for calculating the amount of payments, the timing of the transfer of funds, their amount);
Order of the Ministry of Labor dated April 30, 2013 No. 182 (determines the form of the document on the amount of wages for the two years preceding the application for calculating maternity benefits);
Order of the Ministry of Social Development dated 12.2009 No. 1012n (regulates the procedure for assigning and transferring funds to persons with children);
Order of the Ministry of Social Development dated January 31, 2007 No. 74 (establishes a list of circumstances recognized as valid in case of late application for financial assistance in connection with pregnancy, childbirth, and child care).

Can a husband go on maternity leave?

As mentioned above, not only a woman, but also a man can go on vacation. Despite the fact that in Russia men are not willingly given maternity leave, they still have every right to do so. In addition, the father is entitled to payments when the baby reaches 1.5 years of age, and if he decides to continue his vacation, then up to 3 years.

The reasons for this are often that the husband’s salary is higher, so it turns out that the payments will exceed those that the wife would receive. But it's not always just about material gain. In the modern world, young families are devoid of stereotypes about family structure, and a woman may well be the sole breadwinner while the father is raising children.

Providing maternity leave

To obtain maternity leave, a person needs to collect documents and write an application. But you should notify the employer in advance, no later than 7 weeks before the required date. If it happens that the boss refuses to grant leave, the man can file a claim in court. Such issues are resolved in favor of the plaintiff.

In what cases can a father receive maternity money instead of a mother?

Can a father receive maternity benefits instead of a mother? No, the legislation does not provide for this, but he can be on vacation. In this case, one of the parents can receive benefits, and not both at once. The Labor Code provides for the opportunity for not only parents to care for the baby, but also other relatives. But leave when caring for a disabled person is not provided for by law.

Can a father receive maternity benefits if his wife does not work? He can’t, he is only entitled to payments in connection with going on leave to take care of the baby. Maternity leave is issued only to a woman after she provides a certificate from the antenatal clinic. Such a certificate is issued only on sick leave, so it turns out that the husband does not have the right to go on maternity leave.

Features of male maternity leave

So, the mother takes leave to care for one child, and the father - for the second. In this case, both mother and father can receive benefits. There is also an option for alternate child care. In this case, the father will receive maternity payments when the mother starts working again, and vice versa.

27 Jul 2020 yslygiur 491

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How to call your husband's old last name

If you can say about a girl’s old surname “maiden name,” then how can we talk about a man’s “premarital” surname? Since there are no special names for the husband’s premarital surname, it is customary to say “born so and so.” Or “before marriage so and so.”

But, in any case, it's not that important. The decision about what surname a family will have should be made by two people. After all, the main thing is to love and understand each other.

Maternity benefit

Only a woman who has given birth can receive maternity benefits!

This money pays for the time when she could not work due to pregnancy and childbirth and she was given sick leave indicating that she was temporarily disabled. This payment is paid once for the entire period indicated on the sick leave certificate. In the Russian Federation, this is 140 days if a woman carried one child and the birth was natural and without pathologies. But complications accompanying childbirth, or carrying and giving birth to more than one baby at once, are legal grounds for extending temporary disability certificates and paid maternity days. A temporary disability certificate, that is, sick leave, will not be given to dad and will not be paid for!

If a woman worked officially, she will be paid money at her place of work (accruals are based on the average wage per day for two calendar years before going on sick leave). If she studied full-time, then at the place of study (based on the scholarship). If you were a member of an employment center, then the social protection authorities will pay at your place of residence. The payment amount is different for each woman. A woman who works unofficially, does not pay taxes and does not transfer payments for compulsory insurance, or does not work anywhere at all before going on maternity leave cannot count on money, since it is calculated from the taxes paid by working citizens of the Russian Federation.

When a woman goes on maternity leave, she writes a statement to her place of work and presents a document confirming her pregnancy. Based on this, an order is written and payment is assigned. A woman has the right to shorten the time of her forced leave, that is, to interrupt maternity leave after childbirth and start work before the days on sick leave expire. In such cases, the payment will be less, that is, only the mother on maternity leave receives the entire amount. Here the woman has the right to choose: go on vacation and be with the child or work and receive a salary.

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Which parent will be paid for the baby born?

Fathers have the right to receive money for the birth of a son or daughter. This payment is a one-time payment and is issued every time a child is born in the family. It can be received by one of the parents who has completed the documents at their place of work. If such a benefit is issued by the father for himself, then documents from the mother’s work will be needed confirming that she did not take advantage of the right to payment. The amount of such assistance depends on the number of children born and increases with subsequent births.

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The caregiver receives help

According to the law of the Russian Federation, parents are entitled to parental leave.

Husbands of working women can rightfully use it.

Maternity leave for the father is guaranteed by the Labor Code of the Russian Federation. Such leave is paid monthly, and a man can arrange it for himself at his place of work. The payment is set at 40% of the average salary of the designer, and they are required to pay it until the baby turns one and a half years old. Such leave can be extended until the child turns three years old, but the payment/compensation will be fixed and small.

Payment for child care is received by the parent who will care for him. A husband on maternity leave while caring for a child has the right to work part-time or directly at home. The wife caring for the baby has the same rights. Other relatives, such as the baby’s grandparents, can also take care leave. They are given an allowance for caring for a grandchild at their place of work. Such leave is also entitled to the child’s guardians if there are no parents or they have been deprived of parental rights.

A widower has the right to receive all types of benefits for a child, including a survivor's pension. A divorced father raising a child, in addition to government payments, can apply for alimony. All types of social assistance for a small child are entitled to the father if the mother is at home, but cannot care for the child due to serious illness or disability. The father receives social assistance for the baby even if the mother is deprived of parental rights.

The amount of monthly financial assistance payments for a child until he is one and a half years old is influenced by some significant factors. To receive the maximum amount, the applicant must be employed and insured. Unemployed and non-working citizens, students studying full-time, are guaranteed a minimum benefit.

A person dismissed from work due to the liquidation of an organization and on parental leave will be paid monthly benefits for up to 1.5 years by the Department of Social Protection of Citizens. Its value will be 40% of the average monthly salary for the calendar year preceding the maternity leave. When caring for several children under one and a half years old, payments are summed up. Their size (for three or more children) cannot be higher than 100% of average earnings.

Some types of financial assistance for children depend on the region of residence. You can find out exactly what type and in what amount in the social protection department at the place of permanent residence of the child’s parents.

The amount of payments is reviewed every year and, if necessary, indexed, taking into account inflation, rising prices for goods and services, and depends on the budget of both the country as a whole and its individual regions.

Many women are interested in whether their husband can receive maternity benefits. Situations are different. For example, a woman has never worked, and a baby appears in the family.

Good question “Everyone at the registry office thought it was a joke”: Stories of men who took their wives’ surnames

Are they happy with their decision?

In Russia, changing your surname upon marriage is an established tradition and an absolutely common occurrence, but with one caveat: only if the wife takes her husband’s surname. Meanwhile, the Family Code of the Russian Federation offers a fairly wide choice of options: spouses can choose the surname of one as a common one, keep the premarital surname, or add the surname of a partner to theirs, forming a double one. We have already talked about women who approached the issue differently, and now we decided to look at a rarer situation - when men take their wife’s surname in marriage.

Interview: Alina Kolenchenko