Conditions for the father to receive capital
The mother of the children has the primary right to receive a family capital certificate. It is from the woman that the Pension Fund accepts an application for registration of the document. In this case, the father of the family is allocated a share in the living space purchased with these funds. But a man, unlike his mother, cannot count on an increase in his pension. This is due to the fact that many fathers, although they are such according to documents, do not take part in raising their children. In case of divorce, in 90% of cases, the heirs remain with the mother, so a certificate is issued for her.
But under certain circumstances, the father has the right to register capital in his own name. These include the following situations:
- the mother is declared dead or missing;
- the mother has been deprived of parental rights;
- mother is in prison;
- the man is a single father, adoptive parent of orphans.
If the mother of the children is absent for various reasons, and the only guardian is the father, then he is the one who draws up the capital. This right is determined by Article 3 of the Law “On additional measures of state support for families with children.”
But in some cases the certificate will be refused:
- if the man is the stepfather of at least one of the children;
- if the mother died and the children were officially recognized as orphans;
- if the mother is not a citizen of the Russian Federation.
The legislative framework
Maternity capital has been reflected in legislation since 2007. In 2006, the president voiced the idea of creating such a measure of state support, and he was supported. Today, the law adopted back in 2007 is in force unquestioningly.
This law has number 256, and it is literally a reference book on maternal capital issues.
This regulatory act describes exactly how to carry out the procedure for obtaining assistance, what documents are required for it, and is also a source of law and reflects all the necessary nuances of the procedure.
In order to receive precise instructions on how to act if your father receives capital, you simply need to resort to another source of law, which is called judicial practice, as well as the resolution of the Ministry of Health and Social Development number 771.
It contains all the latest information about the receipt of maternity capital by the father, how it can be spent, as well as other nuances related to this.
We can get access to judicial practice on the appropriate resource, or in the archives of a court of general jurisdiction.
It is up to you whether you want to get acquainted with the practice on your own, or whether you will be content with the advice we purposefully gave in this article.
Special cases
Each case of issuing maternity capital to a man is considered individually. Judicial practice shows that many fathers win even complex cases in which all the required conditions are not met.
For example, a woman has been declared legally incompetent, is in a coma, or is undergoing treatment for drug addiction or mental illness. In fact, children have an official mother, but for objective reasons she cannot take part in the children’s lives. And the refusal to issue maternal capital is the reason for the infringement of the rights of a child who has the right to living space. But when applying to the Pension Fund, a man will most likely be denied the document. In this case, the only option left is to go to court. And the court's decision will likely be positive.
The second common reason for going to court is the foreign citizenship of the mother. In this case, she cannot claim capital. If a woman is deprived of parental rights, then the father can prove his right to a certificate through the court. The main condition is that the man is the official parent of his heirs.
Previously, capital was only maternal capital. But numerous legal proceedings with the head of the family forced the government to reconsider the rules for issuing the certificate. It began to be called “family”, and fathers can also receive it. They cannot refuse even if a man is raising two or more children from different wives. If the mother does not have the opportunity or right to raise children, the right to assistance from the state passes to the father.
Is it possible to use maternity capital to buy back a share from an ex-husband?
So, you got divorced, now you are not a single family. The ex-husband has a share in the ownership of residential premises (house, apartment). Can the ex-wife buy out this share using maternity capital? Buying out a share for maternity capital is allowed in most cases, provided that a number of requirements are met; read more about buying out a share from your ex-husband for maternity capital.
The ex-husband is not considered a family member and transactions with him using maternity capital are allowed, so you can buy out a share in an apartment or a residential building from your ex-husband using maternity capital funds. To do this, it is necessary to document that the marriage between the spouses is dissolved and submit the documents to the territorial department of the Pension Fund of Russia.
The acquired share in the right is registered as the common property of the family
Maternity capital funds can be used to pay for the acquired share of the ex-husband under the following conditions:
- The residential premises (house, apartment) are in common ownership of the family, i.e. wife, husband, children have a share in the ownership of residential premises.
- The ex-husband’s share in the same residential premises is purchased.
- As a result of such a transaction, the ex-wife and children will become the sole owners of this residential premises.
Example
Maria and her husband are divorced, and he lives in another region, they have 2 children, the apartment is in shared ownership of 1/4 each. Can Maria buy out her ex-husband's share using maternity capital? - Yes maybe. After purchasing a share of the apartment from her ex-husband, Maria and her children should become the sole owners of the property.
The acquired share in the right is not registered as the common property of the family
If the residential premises are not registered as the common property of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children), then maternity capital funds can be used for payment under the following conditions:
- The wife must write a notarized written obligation to register the purchased housing as common property for all family members, determining the shares by agreement.
- The entire apartment will belong to the family, i.e. mother and children acquire ownership of this apartment.
What documents will be required
In order for a father to receive maternity capital, it is necessary to prepare a package of documents:
- statement;
- passport;
- SNILS;
- children's birth certificates;
- a document confirming the mother's lack of parental rights (this could be a death certificate, a court order depriving parental rights, a criminal record certificate, etc.).
Can a stepfather apply for regional and state maternity capital?
Maternity capital, in the presence of one of the grounds specified in the law, can only be received by a legal parent. This could be the natural father, a citizen who has recognized paternity. Also, this right is automatically acquired by the adoptive parent, who is endowed with all the rights of a father.
For reference!
Any questions regarding marriage: how a marriage contract, adoption, alimony and child benefits are drawn up, can be resolved by a qualified lawyer. You can get his advice on our website.
What can a father spend his maternity capital on?
The father, as the recipient of family capital, has less choice in the use of the funds provided. A man can spend money to achieve two goals:
- buying a home (with a mortgage or cash);
- teaching children.
Moreover, a man can use the funds in two directions at once. For example, contribute part of the funds as a down payment on a mortgage, and spend the rest on the child’s education.
A woman has more rights - she can use the entire amount to increase her own pension.
If the mother of the family is not deprived of her rights and is alive, then she is allocated a share on a general basis when purchasing an apartment.
If the money was spent by the father without the consent of the mother, then she can go to court. For example, if you were in prison. But since the father only has the right to buy housing or pay for the education of his children using maternity capital, such a business is obviously a losing proposition. Exceptions are cases of document falsification, when the woman was in good health at the time of the issuance of capital and was not deprived of parental rights.
Algorithm of actions
Documents should be submitted to the territorial division of the Pension Fund or to the Multifunctional Center for the Provision of Public Services.
An application for disposal of funds is also submitted to the specified authorities. The Pension Fund makes a decision within a month. If the result is positive, the funds are sent to the current account within 1-3 months.
The father will be able to use the products only after the baby reaches the age of 3 years. The exception is cases when the state. assistance is used to pay the mortgage or interest on it, pay for kindergarten or monthly payments until the child turns 1.5 years old.
Obtaining family capital in the absence of both parents
If children do not have both biological parents, then the right to receive a certificate remains with the official adoptive parents. They will need to contact the Pension Fund and receive capital on a general basis.
After reaching adulthood, children themselves can receive a certificate if it was not previously issued. After the death of parents or deprivation of parental rights, the heirs themselves manage the capital funds. In this case, you will need to provide an extended package of documents confirming the absence of official representatives.
So, the father can receive family capital instead of the mother. This right arises provided that the woman is legally no longer the parent of the children or is declared dead or missing. And the Pension Fund has no right to refuse to issue a certificate to a man.
How is the payment made?
To receive funds, you just need to fill out an application on the State Services portal or during a personal visit to the Pension Fund branches. There is no need to provide any additional documents or certificates. All information will be clarified in the manner of interdepartmental interaction. The application can be submitted until October 1, payments are already made from June 1, 2020.
Application for a one-time benefit of 10,000 rubles for a child from 3 to 15 years old - how to draw up?
Review of different situations
A variety of situations can arise in family life, and it is useful for a man to know whether it makes sense for him to rely on maternal capital in each specific case.
Father has three children
Some families who have already received maternity capital, after the birth of their third child, sometimes come to the Pension Fund a second time in the hope of receiving another certificate. Meanwhile, the law clearly states that this payment is due to the family only once.
Naturally, such a question may also arise from a father who falls into the above categories (the children’s mother has died, been deprived of parental rights, etc.). Again, if maternity capital was previously received, then the parent (for example, he is a widower) cannot claim a secondary payment.
Regional maternity capital
The situation is different with regional (local) maternity capital. Such payments are due in many regions of the Russian Federation after the birth of the third, and in some places the second and fourth child. The amount of subsidies will vary depending on the region, but in general the amount will be less than federal maternity capital.
In some areas, instead of cash payments, a family can count on other support measures - receiving a plot of land for building a house or the possibility of early repayment of a mortgage.
The regional program started in 2011, and parents (or in the situation under consideration, one father) whose third baby was born no earlier than 01/01/2011 can apply for payment or other support measures.
If the family has already received maternity capital, then for the third child the father can only receive regional payments, again if the man falls into a certain category
Children from different mothers
A man can raise children from different mothers. For example, he divorced his first wife, and the child remained to live with his father, or the first wife died (deprived of her rights). Another baby is born in a new marriage.
You should know that maternity capital is not required in this case. And even if the new wife adopts her husband’s child, the situation will not change - maternity capital is provided only for the adoption of orphans and children left without parental care.
Stepsons and stepdaughters do not provide adults with the right to receive maternity capital. For example, if a woman adopted her husband’s child from his first marriage, and they are expecting a child together, then in this case there is no legal basis for issuing a certificate for family capital.
Temples
11.03.2016
Russia, Kemerovo region, Novokuznetsk
Dear experts, I have a question regarding maternity capital. This is the situation. I have a son from my first unregistered marriage.
The child is disabled with a diagnosis of autism syndrome and alalia. Lives with me, the biological mother, due to disability (7 years ago), disappeared from our lives and last year was deprived of parental rights. My wife and I, to whom I have been married for 3 years, are involved in care and rehabilitation. In January of this year our second child was born. We expected to use maternal capital to treat our first son abroad. It turned out that we are not entitled to maternity capital...
Lawyer, moderator Natalya Ruslanovna Fedorovskaya
...If you and your first wife had two children, one of whom was born after January 1, 2007, and in relation to the second child she was deprived of parental rights, then only in this case would you have the right to maternity capital.
https://pravorub.ru/questions/68475.html
Meanwhile, in the opposite situation (a widow with a child remarried and gave birth to another baby), maternity capital will already be paid. After all, the main thing is that the woman gave birth to a child after January 1, 2007 inclusive (it doesn’t matter whether the children have the same father or different ones).
Male stepfather
If a man is a stepfather in relation to children (not a natural father or a legal adoptive parent), then in the event of the death of the children’s mother or her deprivation of parental rights, he is not entitled to a federal payment.
The mother does not have Russian citizenship
There are families where the father and children are citizens of the Russian Federation, but the mother is a citizen of another state (for example, a former Soviet republic - Belarus, Ukraine, etc.). In this case, maternity capital is also not due, neither to the father nor to the mother.
The federal law clearly states that only a citizen of the Russian Federation can apply for payment, and the mother is not one. And the situation will not change if a woman receives citizenship after giving birth to children.
The father will not be able to receive family capital either, because he has no grounds for this prescribed by law (the children’s mother is alive and has not been deprived of parental rights).
If the mother was not a citizen of the Russian Federation at the time of the birth of the children, the family is not entitled to maternity capital, and the father also cannot obtain it.
Can a father receive maternity capital if his ex-wife is a foreigner and the children live with their father after a divorce?
Lawyer Kondratovich Denis Alimovich Rating: 0.0k 03/01/2018 at 00:35 Ryazan No, he can’t. The child's mother must be a citizen of the Russian Federation. And only upon her death can the father apply for a certificate of maternity capital.
https://www.9111.ru/%D0%BC%D0%B0%D1%82%D0%B5%D1%80%D0%B8%D0%BD%D1%81%D0%BA%D0%B8 %D0%B9_%D0%BA%D0%B0%D0%BF%D0%B8%D1%82%D0%B0%D0%BB/%D0%BE%D1%82%D0%B5%D1%86_% D0%BC%D0%BE%D0%B6%D0%B5%D1%82_%D0%BF%D0%BE%D0%BB%D1%83%D1%87%D0%B8%D1%82%D1% 8C_%D0%BC%D0%B0%D1%82%D0%B5%D1%80%D0%B8%D0%BD%D1%81%D0%BA%D0%B8%D0%B9_%D0%BA% D0%B0%D0%BF%D0%B8%D1%82%D0%B0%D0%BB/
The couple is divorced and the children live with their father
It is rare, but it happens that after a divorce, children, by court decision, remain to live with their father, and not with their mother. In this case, if the woman is not deprived of parental rights, the man cannot register maternity capital for himself. The mother can receive payment both before the divorce and after it.
If the spouses are divorced, the father cannot register maternity capital for himself, even if the children live with him
By the way, if the capital has already been received and used to purchase an apartment, then the children and each of the parents by law have 1/4 of the total housing area.
