Alimony for a single mother: from the father or the state?

The responsibility for maintaining a minor child rests with each parent. Even if the partners who gave birth to the baby have never lived together or are cohabitants, and the father is not indicated on the child’s birth certificate, this does not deprive the latter of his obligations (Article 53 of the Family Code). Currently, the concept of civil marriage is not fixed at the legal level. This form of relationship is generally considered to be cohabitation without registration of status with the registry office. How the procedure for payments for the baby will be carried out if a single mother has filed for alimony will be discussed in the article.

Who falls under the category of “single mother”

The law does not have an unambiguous and clear definition of the concept of “single mother”. But based on an analysis of a number of regulations, the following conclusions can be drawn. To be considered a single mother, you must meet a number of conditions:

1. Give birth and raise a son or daughter without formalizing the marital relationship. At the same time, do not have an application with a request to establish paternity, written jointly with the child’s father at the time when he was registered in the registry office, or a court decision confirming paternity.
2. Give birth during marriage or within 300 days after divorce, when the husband (present or former) is listed as the father according to documents, but has challenged this fact in court.
3. Complete the act of adopting a child.

When issuing a child’s birth certificate, a single mother may have two options for filling out the “father” column:

• putting a dash;
• surname - like the mother's, first name and patronymic - from her words;

After this, the woman is given a certificate in form No. 25, indicating her status as a single mother.

Note! Single mothers should be distinguished from single women raising children without a husband. In the first case, there is no official father, in the second there is legally one, and it does not matter whether he lives with his family or separately. In the latter situation, you can always demand the collection of alimony through the court, and if the death of a spouse occurs, you can receive a survivor’s pension.

What is more profitable: maintaining the status of a single mother or applying for alimony?

You don’t even have to talk about the moral foundations of a woman’s choice. As a rule, she is guided exclusively by material advantages - receiving funds to support the child.

So what is more profitable - maintaining the status of a single mother and receiving payments provided by the state or seeking alimony from the father?

Above, we were convinced that it is impossible to collect alimony without proof of paternity. This procedure is complex, lengthy, and expensive (the main costs - legal services and genetic testing - can be transferred to the defendant only if the court satisfies the claim). If the mother does not have the slightest doubt about the origin of the child, she can take a risk.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

But can we be sure that a man who did not want to acknowledge his paternity, who avoided communication with the child and his mother, who was recognized as the father in a humiliating court procedure and forced to pay alimony, will fulfill these obligations in good faith? If the father’s earnings are high and official, there is a chance to obtain alimony. But, as practice shows, even natural, undisputed fathers avoid payments. Moreover, in the current legislation you can find enough ways to reduce the amount of alimony and even avoid liability for non-payment.

The amount of state child support that single mothers receive is small. But after recognition of paternity, the mother will lose not only payments, but also the status of a single mother, which gives her the following advantages:

• single mother's allowance (federal and regional),
• payment at the birth of a child, child care benefits for a single mother up to 1.5 years;
• priority placement of the child in kindergarten;
• the advantage of maintaining a job when being laid off;
• double tax deduction;
• part-time work, exemption from night work, overtime work;
• an additional 14 days of unpaid leave (if provided for by the collective agreement of the enterprise, institution, organization);
• other benefits provided for by regional regulations.

But the main thing is to independently resolve all issues relating to the child - his education, treatment, temporary and permanent travel abroad, possible adoption - without obtaining the consent of the father. Perhaps it is more profitable to receive all possible assistance from the state and leave the “father” alone, who does not consider himself a father. But the final decision can only be made by the mother of the child.

The choice is really difficult.
On the one hand, filing a claim, proving paternity, examinations, hearings and bailiffs... On the other, benefits for a single mother, but the suspended status of the child’s father. If you are at a crossroads, contact the lawyers on our site. Will they tell you what is the best way to proceed? In addition, a lawyer will help with the collection of alimony. Very often the wrong methods are chosen, payments are underestimated or absent altogether. The lawyer will advise what is better - a share of earnings or a fixed sum of money, an apartment for alimony or the living arrangements of the parents? Together we will find the best option for alimony! Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Irina Garmash

Family law consultant.

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Articles written

612

Who is not recognized as a single mother

A woman who:

1. She is raising her children on her own and, being divorced, does not receive alimony for one reason or another.
2. Gave birth to a son or daughter within 300 days after the divorce, the declaration of marriage as invalid, or from the date of the husband’s death. In such situations, the husband (including the ex-husband) is recognized as the father. This happens even if he is not the biological father.
3. She was not in a registered marriage and is raising a child for whom paternity has been established - voluntarily or forcibly. The fact of living together with a man or the lack thereof does not matter in this case.
4. I buried my official husband.
5. The mother of a child whose father was deprived of his rights by the court.

There is a situation where a woman is in a marital relationship, but is also a single mother. This happens when her child’s birth certificate does not contain information about the father or he is recorded at her direction. When she gets married, her single mother status continues. However, it may be lost if the husband adopts a child.

What is more profitable: alimony from the father or allowance from a single mother?

Conclusion Let's summarize: 1. Single mother status is assigned to women whose children do not have a record of a father in the birth certificate. 2. A single mother cannot apply for child support. 3. To collect alimony, paternity must be established. 4. Regional legislation may establish benefits and allowances for single mothers. Establishing paternity is a complex process that has its own specifics. In order for the court to satisfy the applicant’s demands, high-quality legal support is necessary. The lawyers on our site are ready to come to your aid. You can call or leave a request on the website at any time.

Can a single mother count on child support?

In accordance with Art. 48 of the Family Code of the Russian Federation, paternity is established in the absence of a registered marriage.

A single mother has the right to receive alimony only if paternity is established.

This can be done in two ways: voluntarily or compulsorily.

The first is practiced if the father agrees to the paternity determination procedure. To implement this, you need to go to the registry office and write a joint statement.

The second is used when the father does not want to voluntarily recognize the child, refuses to write a joint statement or does not send one on his own, having this opportunity. You also need to go to court if the guardianship and trusteeship authority objects to establishing paternity. This is stated in Art. 49 of the RF IC and Resolution of the Supreme Court No. 16 of May 16, 2017.

As for the case described above with a single mother who is not married to the father of her child, then in the absence of the fact that he adopted a son or daughter born from another man, she can count on alimony from the latter.

Is it possible to receive alimony?

If the parents have not officially concluded their union, then in this case the woman can count on financial support. Under current law, children born out of wedlock have the same rights as those born within a marriage.

However, without recognition of paternity, it will not be possible to receive alimony.

If a child is registered in the registry office on the words of his mother, then to confirm paternity it is necessary to initiate legal proceedings. When a man disputes the fact that he is related to this child, a forensic genetic examination will be required. This procedure is quite expensive.

In a situation where paternity has been confirmed and the child’s mother has information about where the biological father is now, she will need to go to court at the man’s residential address. It is also necessary to write an application for the establishment of alimony payments, provide employees with a certificate of the man’s address and a certificate of the birth of their joint child.

After the judge reviews the documentation provided, he will draw up an order for alimony. In this case, the presence of the biological father in the courtroom is not required.

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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.

How does the trial work?

After drawing up and submitting the application, the court notifies the defendant of the date and time of the hearing.
Having received the notification, the man independently decides to participate in the process. In most cases, genetic testing is prescribed to establish consanguinity. The costs of its implementation are paid by the applicant, but can be compensated for them in the event of a positive result from the defendant. If a man refuses to take a DNA test, the court will automatically recognize him as the father. The next step after paternity has been established is to consider the issue of child support. Upon completion of the proceedings, a court decision will be made, which will become the basis for recording the father in the child’s birth document.

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

How to arrange payments without registering a marriage.

A single mother can apply for child support in different ways. The option depends on the situation in the family and the relationship between partners.

The specific algorithm of actions will be described in the summary table:

Should a single mother demand recognition of paternity?

The answer to the question of how much more beneficial the status of a single mother is than alimony payments is very controversial, since it depends on the degree of the man’s subsequent participation in the child’s life and the degree of his conscientiousness. It is possible that after adopting a child, the father will begin to neglect his responsibilities and refuse to pay maintenance. Then the woman will be forced to contact the competent government authorities, spend time and effort to forcibly collect funds, and no one guarantees that the due amounts will be in the accounts of the obligated parent.

On the other hand, government support measures for single mothers are not as great as they seem. To maintain an adequate standard of living for mothers and children, social policy provides only average payments that do not reach the minimum regional subsistence level.

The procedure for collecting alimony

The collection of alimony first of all implies the recognition of a citizen as a father, therefore, after initiating the procedure, the woman will lose all the benefits that she was entitled to as a single mother. Therefore, before recognizing the father of a minor as his biological father, it is best to weigh the pros and cons and only then act.

Paternity can be established in several ways:

1. On a voluntary basis. In this case, the mutual desire of the former spouses or lovers is assumed, who must jointly apply to the registry office and write the appropriate statements. This method is also applicable if there is no examination, but the man is sure that the child is really his relative.
2. Forcibly. The only way to force paternity determination is to go to court. This body will allow you to confirm or refute the biological relationship between the child and his putative father through DNA testing.

It is important to understand that in the case of voluntary recognition of paternity without conducting appropriate tests, it is almost impossible to abandon the child if he turns out to be not a biological relative, since it is assumed that such a procedure is a kind of adoption and acceptance of the child as one’s own.

Who can be classified as single mothers?

In accordance with the above requirements, the specified status is assigned to:

• if the child was born into a complete family, but was not recognized as a second spouse at least three hundred days after the official breakup of the marital relationship;
• if such an event occurred outside of marriage (before the wedding, three hundred days after the breakup of the marriage or the death of the spouse), and the fact of paternity was not recognized by the probable parent;
• in case of adoption by an unmarried woman;
• in the presence of confirmed paternity, recorded in the registration documentation, but subsequently refuted in court.

Legislative settlement of the problem

There is a legislative possibility of collecting alimony from the father of a child of a single mother, but the alternative entails the woman’s loss of the corresponding status and subsidies allocated by the state.

To obtain all the legal grounds for collecting money from a man for child support, one of the following options is acceptable:

1. Voluntary recognition of paternity by a man followed by adoption of an adoption procedure in relation to a minor pupil:

Initially, it is advisable for a woman to offer the biological or actual father to acquire parental rights and formalize the conditioned legal fact accordingly. It is the adoption procedure that becomes the main argument when assigning alimony, since the man becomes a full legal representative for the child and bears parental responsibilities;

1. Forced establishment of paternity with confirmation of consanguinity between a woman’s child and a man by the results of a genetic examination:

As part of legal proceedings and when providing a statement of claim with evidence, a woman can demand the forced recognition of a man as the father of the child and the imposition of obligations on him by a judge’s verdict to pay the alimony burden. The complexity of the process lies precisely in the search for evidence of correctness: a man who does not want to assume parental responsibilities and financial burdens is unlikely to agree to a voluntary DNA test.

Download the statement of claim to establish paternity (sample)

Is child support due to a single mother?

According to the Family Code of the Russian Federation, parents are obliged to support their children (IC RF, Art. 80). But single mothers are a category of women who, for one reason or another, do not want or cannot identify a specific man as the father of their baby. The role of the second parent in such a situation is played by the state. Single mothers are provided with the following benefits and privileges:

• cash allowance for a child;
• compensation for utilities;
• additional leaves at a permanent place of work;
• 100% payment for sick leave (for children under 7 years old);
• free trips to the sanatorium;
• tax deductions;
• free meals for children at school;
• discounts when paying for classes, etc.

If a mother considers state assistance insufficient, she can apply for alimony at any time. The main condition is the presence of the child’s father and the proven fact of his paternity.

Who is commonly called a single mother?

This is the customary name for a woman who has given birth to a child, but is not in an officially registered marriage. In addition, she does not have a document certifying the paternity of a particular man. Accordingly, she submits an application to the registry office to register the fact of the birth of a child alone. The consequence of this is a gap in the column that should contain information about the biological father.

Factors confirming the status of a single mother:

• Absence of an application submitted jointly by both parents in the registry office.
• There is no judicial verdict to establish.

That is, there is completely no information about the newborn’s natural father, which has confirmation either from a man or in the form of a court verdict.

Getting status

In order for a single mother to take advantage of all the benefits and privileges provided for by law, she needs to obtain this status officially. Most often this procedure occurs as follows:

• a single mother’s visit to the registry office to obtain a birth certificate;
• absence of the father when establishing paternity;
• information about the father is recorded from the words of the mother or a dash is entered;
• obtaining a certificate (form No. 25) about the status of the only parent.

This document will subsequently serve as the basis for receiving all approved subsidies, compensations and benefits. The certificate will need to be presented:

• at the place of work;
• in social protection authorities;
• tax office;
• healthcare institutions;
• educational institutions.