father of a child is possible only under certain circumstances, which will be discussed later. If dad has every reason to receive such a certificate, he should come to Pension Fund at your place of residence, providing the following documentation:

1. Identification document (passport).
2. A birth certificate of children or a document proving the fact of adoption with a mandatory insert indicating the citizenship of the children.
3. A document confirming the status of a single father. Such a document can be a mother’s death certificate or a certificate of her deprivation parental rights.
4. Application for issuance of a certificate with financial assistance. A sample can be found at the Pension Fund branches.

As soon as the father provides all the documents, verification of their authenticity will begin, which will last for a month. The applicant will be notified by mail of the results of the verification. If the decision to issue maternity benefits is positive, the notification indicates the date when the certificate can be received.

If the answer is negative, the notification states the grounds for refusal, which can be appealed in court if it contradicts current legislation.

In what cases are you entitled to capital?

The children's father can claim maternal capital in the following cases:

1. Dad has Russian citizenship and is considered the only parent/adoptive parent. In this case, the applicant must have documents proving legal paternity.
2. When the mother of the children lost her right to receive a maternity certificate. Under such circumstances, the right to financial payment automatically passes to the father, even if he is not a citizen of the Russian Federation.

The mother's right to receive a family capital certificate may be lost under the following circumstances:

• the woman died, was declared dead, and there are relevant documents for this;
• the mother was deprived of parental rights in relation to the child, with whose birth the right to receive material payments became available;
• a woman committed a crime against her children, which is characterized as a crime against the person;
• adoption of a child by a mother, through which it was possible to take advantage of maternity benefits, was cancelled.

In what cases may a father be denied a certificate for receiving maternity benefits:

1. A man cannot claim financial benefits if he is a stepfather and not a natural father or legal adoptive parent.
2. If the mother died and the court declared the child an orphan, then in this case the father also cannot exercise the right to payments.

What should a father do with maternal capital?

Improve living conditions. You can pay off the mortgage or loan that was obtained to purchase a home. Maternity capital can participate in a housing construction cooperative, in the renovation or construction of a house, shared construction, reconstruction and repair of a house with an expansion of living space.

Give to children education. Funds from family capital can be spent on paying for educational institutions, kindergartens, and child accommodation in a student dormitory.

Form a cumulative pension.

It should be remembered that the certificate can only be used after the child is over three years old. The exception is when you need to repay the mortgage loan principal and pay interest. Remember that it is now possible to get .

In addition, cashing out maternity capital is prohibited. Therefore, if someone offers you to “withdraw” funds from maternity capital, then this action will be illegal, and most likely, such an offer will come from scammers.

What else do you need to know?

There are some general rules regarding maternal certificates:

• You can receive maternity benefits only once;
• if the benefit amounts change, the issued certificates cannot be replaced;
• You can apply to the Pension Fund to obtain a state certificate at any time after the birth of your second and subsequent children;
• family capital is not subject to taxation;
• if the certificate is lost, a duplicate is issued to the Pension Fund at the place of residence;
• if it is not possible to personally come to the Pension Fund with an application for maternity benefits, then you can send everything Required documents by mail or through a proxy.

If it so happens that the children are left without a mother, then the father’s task is to single-handedly provide them with a decent future. Maternity capital will allow the whole family to move to a large new apartment, build a cozy home, and study at a prestigious institution. The main thing is to know the rights of your family and demand a certificate to receive family capital. Now it is possible to get .

The problems that may arise when a father receives maternity capital are described in the video below.

There are many parent support programs in Russia. At the same time, not only the mother of the child can receive payments.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and FOR FREE!

And not many citizens know whether the father of a child can receive maternity capital in the Russian Federation in 2019. Although this procedure is commonplace for decoration.

What you need to know

Initially, at the legislative level, it was determined that only his mother could receive compensation for a child. But over time, this idea was reformulated.

After all, the funds allocated by the state should contribute good conditions the life of a child, his development and upbringing.

Therefore, when registering, it is worth considering:

And of course, you must have good reasons for receiving funds. Otherwise, the Pension Fund will refuse to issue monetary compensation..

The state provides for men to receive family capital. But this case has many design nuances and is not always possible to obtain.

Therefore, before submitting documents to the Pension Fund, you should familiarize yourself with all the important nuances of this procedure. After all, maternity capital is provided for women, and men receive a secondary opportunity.

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Over the past decade, a program has been implemented in Russia aimed at supporting families with two or more minor children. It involves providing these families with certain, and quite significant, financial support. The latter consists of paying a certain amount of money, known as maternity capital. Based on the name, it is completely fair to assume that women most often receive it. Can a father receive maternity capital?

More recently, the State Duma adopted amendments to legislation regarding this issue. Now the corresponding certificate is available to single fathers who have two minor children in their care. Description of all necessary conditions Our article is devoted to procedures for obtaining maternity capital by a father.

Does the father have the right to maternity capital? Maternity capital can be provided to the father, based on existing legislation, if one of the following conditions is met:

1. The man has Russian citizenship and is the father of two or more children, whom he is raising alone. He must also have a list of documents confirming the legality of paternity.
2. If the mother is deprived of the right to receive a maternity certificate, the father of the child has the right to maternity capital. In the current situation there are no restrictions regarding his citizenship.

Reasons why a wife cannot take maternity capital:

1. In case of death confirmed by relevant documents.
2. Deprivation of parental rights.
3. If at birth the mother has notarized the baby.
4. Proven in judicial procedure crime against a child.
5. Refusal to adopt a child.

In what cases is it impossible for a father to receive material capital:

1. The husband does not have the right to register maternity capital if he is not the biological father or adoptive parent of the children.
2. Court verdict recognizing children as orphans after the death of their mother.

Document preparation procedure

If a man has rights to family capital, he needs to contact the pension fund office at his place of residence. He needs to have a list of documents with him, including:

• passport or other identity document;
• birth certificates of children or a court decision on adoption;
• mother's death certificate or certificate of deprivation of her parental rights;
• certificate of pension insurance;
• application of the established form.

After registration necessary papers an analysis of the provided information is carried out, lasting no more than one month from the date of their provision. The result is sent by registered mail to the applicant. If the decision was positive, the message indicates the date of receipt of the benefit. At negative result consideration of the issue, the letter contains a description of its reasons. The latest decision can be appealed in court.

Use of funds

How can a father use maternal capital? This would seem to be a very stupid question. If only there was money, there would always be a use for it. However, not all so simple. The legislation clearly states what maternity capital funds can be spent on. This list includes:

• improving housing conditions (for example, paying off existing mortgages);
• use the funds received to participate in shared construction or purchase of housing;
• payment of all types of expenses for the child’s education;
• funded pension.

What you cannot do with the funds received:

• buy a plot of land;
• purchase a car or other equipment;
• pay off rent arrears;
• pay for treatment.

The recipient of the certificate must remember that he has the right to use the financial assistance received only after his child reaches three years old. It should also be emphasized that an attempt to convert the funds of the family foundation into cash will not succeed and will result in proceedings that threaten criminal prosecution.

Helpful information

To better navigate the issue described, it will be useful to know some of the secondary features of family certificates and information about the vicissitudes of considering applications for this type of assistance.

Features of obtaining certificates:

• financial assistance is one-time in nature;
• when the volume of financial assistance changes, they do not apply to already issued certificates;
• You can apply as soon as the second and subsequent child appears (all of them must be the father’s children);
• funds received in the form of assistance for state program, are not considered income and are not subject to taxes;
• if the certificate is lost, it is duplicated;
• When filling out an application for this type of government support, you can send the entire package of documents by mail or via courier.

Amendments to legislation caused a large number of disputes and contradictions. Some of them resulted in litigation. Let's look at some of them.

Is family capital required if children are from different mothers? The answer to this question was recently given by the Perm court, which considered the claim of a citizen raising three children. Having found out the causes of the mothers' deaths, the judge was forced to grant the claim.

Can a father receive this type of assistance if he has a child from another marriage? The issue also sparked a legal dispute between the single father and representatives of the local pension fund. His first wife died, and his wife was deprived of parental rights. The claim was rejected.

On this moment The procedure for registering family capital for single fathers requires a lot of effort and time. Collecting and providing all supporting documents requested by representatives of the pension fund may take more than one month.

The current situation is partly the result of amendments to the relevant articles of legislation on support large families. Because of this, a fundamentally new situation has arisen, in which not all employees of the responsible department are oriented. They simply lack practice. However, there is a noticeable positive trend in this regard.

One way or another, in the event of a refusal to provide maternity capital for a second child, the father has the right and must seek this through the court, because we are talking about the child’s well-being. We hope this information was useful to you!

You may be interested in other articles on this topic:

Is it possible to get maternity capital for twins during the first birth? How to properly use maternity capital to improve living conditions What's happened lump sum payment from maternity capital

Therefore, in the process of divorce and division of property, spouses ask a reasonable question - how maternity capital is divided during a divorce. Is maternity capital divided? According to the norms family law, not only movable and immovable property is subject to division between divorcing spouses joint property, but also cash payments. An exception to this rule is targeted cash payments (benefits and subsidies from the state). Therefore, maternity capital is considered a state targeted payment - it is not considered jointly acquired property and is not subject to division between spouses. In the event of a divorce, the maternity capital certificate will go to the person in whose name it was issued. As a rule, it is issued in the name of the mother. But in some cases, the father also has the right to receive a certificate.

Does the father have the right to maternity capital?

If maternity capital is used as a down payment when drawing up a mortgage agreement or in the form of repaying part of a mortgage loan. When purchasing residential real estate with a mortgage loan using maternity capital, the same rules apply as when purchasing real estate without a loan. The main rule is that the shares of property of all family members (father, mother and children) must be equal. But the process of dividing this property has several features:

• the obligation to repay the mortgage loan between divorcing spouses is divided strictly in half, although their shares in the common property may be smaller (for example, 1/4 for each if there are two children in the family);
• until the loan is paid off, sell mortgaged apartment It won't be easy.

  
  Such a transaction will be carried out by the bank, the price of the property will be lower than the market price, and the amount of debt will be deducted from the proceeds.

Receipt of maternity capital by the child's father

Home / Divorces / How maternity capital is divided when spouses divorce Views 29749 Contents

• 1 What is maternity capital?
• 2 Is maternity capital divided?
• 3 If spouses are divorced, can maternity capital be used?
• 4 Does a husband have the right to maternity capital during a divorce?
• 5 Division of property purchased with the participation of maternity capital
  • 5.1 If maternity capital is used to purchase an apartment or house
  • 5.2 If maternity capital is used as a down payment when drawing up a mortgage agreement or in the form of repaying part of a mortgage loan
  • 5.3 If maternity capital is used for renovation of residential real estate, expansion or reconstruction

“My husband and I are getting divorced, we have two children. The maternity capital certificate was issued in my name.

Can the father of a child receive maternity capital in the Russian Federation in 2018?

But if the child’s father also dies, then the maternal capital goes to the children. And the children themselves use it for its intended purpose, but they will have such a right only when they turn 23 years old. Now regarding your second question, namely, what happens to maternity capital if the children’s parents get divorced.
Yes, during a divorce, the property that they acquired during marriage is divided between spouses, including monetary payments, but this refers to those payments that do not have a specific purpose. But as for maternity capital, it has a special purpose - it can only be spent on purchasing housing, on a child’s education, on his treatment, if the need arises - that is, maternity capital is not jointly acquired property.

Free legal advice

But in the case of housing space, the situation is different. If money from the family capital is spent on improving the living conditions of the children - a mortgage, then the father has the right to demand a part of the property during a divorce. Algorithm of the procedure Carrying out the procedure for receiving financial assistance from the state is not very complicated. This operation will take a little time, since it involves the following steps: It is necessary to collect documents Full list issued by the Pension Fund of Russia Contact the territorial center of the Pension Fund of the Russian Federation At the place of residence of the father Provide all the papers to the Pension Fund employees - Wait for a decision to be made This can be either the issuance of a certificate or a refusal If the father believes that the refusal at the Pension Fund of the Russian Federation does not comply with legal norms, then you can contact court and try there to prove your right to receive financial compensation.

Does the father have the right to maternity capital in a second marriage?

If there is a mother, the father's right to maternity capital arises only if it is terminated for the woman: if she died, was declared dead, was deprived of parental rights in relation to the child at whose birth the capital was due, adoption was cancelled, she committed a deliberate crime against her children . And crimes against one’s children must be intentional and directed against the individual. Only in these cases does the father have the right to capital, and his citizenship does not play a role.

In case of divorce, maternity capital is not subject to division and remains with the mother (adoptive parent). If a man who has a child from his first marriage marries a second time and a second child is born into the family, then neither the mother nor the father has the right to receive maternity capital, even if the new wife adopts a stepson.

Is it possible for a father to receive maternal (family) capital?

Attention

And you can receive such a payment only once for all children. In what cases is it necessary? Payment from the state under a capital certificate is carried out mainly in relation to mothers. In this case, funds can be received both for a natural child and for an adopted child.

Since 2007, men have also been given the right to receive compensation. A father can issue a certificate for family capital in two cases: When adopting a second child from January 1, 2007. In this case, receipt can only be carried out if the man is the only adoptive parent and has citizenship Russian Federation The child's mother has died or she has been deprived of her rights to him. Considering these factors, the father can collect documents to receive the payment and use it for the same purposes as the mother. In this case, there will be no special distinctions and the amount of compensation they will receive is the same.

Receipt and use of maternity capital by the father

What rights does a husband have to financial assistance? It is worth understanding that a man has the right to receive assistance from the state. But the essence of this possibility is that this right is secondary. The primary right to family capital belongs to the mother of the child. And only she can draw up documents to receive this payment. If the mother's right to receive payment ceases, it passes to the father. But here too there are a number of conditions that must be met. Since the state has warned of all aspects of fraud and circumvention of the law to receive illegal payments. Current standards The possibility of registering family capital is established in Federal Law No. 256-FZ “On additional measures of state support for families with children.” Article 3 talks about the right of parents to receive additional support from the state.

Can a father receive maternity capital?

Important

This is not just help for a child - it is a supporting and stimulating tool for women who give birth to children or take them under their care. Therefore, when registering, it is worth considering: The absence of a mother for children. She may be deprived of her rights or declared dead New wife a man cannot take custody of his children. If he wants to receive capital. And of course, he must have good reasons for receiving funds. Otherwise, the Pension Fund will refuse to issue monetary compensation.

The state provides for men to receive family capital. But this case has many design nuances and is not always possible to obtain. Therefore, before submitting documents to the Pension Fund, you should familiarize yourself with all the important nuances of this procedure.

Maternity capital for dad

List of all documents To register family capital, a man must provide a certain package of documents to the branch of the Pension Fund of the Russian Federation. It may differ depending on the situation, but most often the following papers are required: Passport document Can be either a Russian citizen or a passport of a foreign citizen Certificate that confirms the presence of pension insurance Birth certificates of all the man’s children Or court decisions on adoption Documents that confirm the father's right to receive this payment. This may be the mother's death certificate, a court decision that confirms the mother's deprivation of parental rights. Special situations When registering capital from the state for children, different situations may arise. Since not all families immediately receive certificates and use the funds.

How is maternity capital divided when spouses divorce?

However, it is not possible for the father to receive funds in all cases. And here you should be careful and understand where there are prerequisites for issuing a certificate, and where a refusal by the Pension Fund will be more than justified. When the mother is a foreigner The main problem of this situation is that in the legislation of the Russian Federation, payments for the child are made only to Russian citizens. And the father can apply for funds only if the mother of the children was a citizen of the Russian Federation. Therefore, in order to receive benefits, it is necessary, first of all, to obtain citizenship for the mother. Only after this should one have children and, in the case provided for by law, the state can pay the citizen a child benefit. Second child It is in the presence of a second child that a certificate for financial assistance is issued. This can be either a child born from a spouse or an adopted child.
Hello! My wife and I have two children, the youngest wife is entitled to maternity capital. But she is slow to receive something, although the child is already 6 years old. Can I register this capital for myself? Victor, Ramenskoye Maternity capital is a means of supporting a woman, not her parents. The father is entitled to maternity capital only in cases where there is no woman who is the mother of the child, at the birth or adoption of which the right to capital arises. If a man, a citizen of the Russian Federation, has adopted a second and subsequent children and is the only adoptive parent (that is, he is not married or his wife did not formalize the adoption of these children), then he can count on receiving maternity capital funds. And if there is a female adoptive parent, the father (adoptive parent) will not receive the capital, the adoptive mother will receive it.

Can a father receive maternity capital? It is not at all difficult to answer this question: a definite “yes”.

Maternity capital: how to get it, why you need it

However, earlier (before 2007) everything was different. If the mother, due to some circumstances, did not have the opportunity to receive it, then for her husband he always remained an unattainable dream. And only in January 2007, due to the repeated appeals of men to the courts and positive decisions in their favor, the federal law, namely, it is the main normative document regulating issues related to maternity capital (hereinafter referred to as MK), amendments were made.

On January 1, 2007, according to legislative norms, Russians whose families had a second, third, and so on child acquired the right to MK. In monetary terms for 2016, this amount is 453,026 rubles. Each subsequent year it is revised upward, the growth of which depends on the current inflation. And only 2016 stands apart in this list: it is customary not to carry out indexing.

Maternity capital is money allocated and sent by the state to the Pension Fund of Russia (hereinafter referred to as the Pension Fund of Russia) to support Russian families in which parents are raising the second, third, fourth, etc. child born (adopted) after 01/01/2007.

After certain actions, the Pension Fund transfers these funds in the form of certificates to the father. The certificate is a personal document confirming the right to state support.

You need to understand that MK is provided for financial support for the whole family, and not for a specific child.

This means that it should be used only in the interests of the family. It is no coincidence that legislators allowed the father to spend funds on children's education or on mortgage payments.

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Maternity capital and men are reality

The right to state support is also granted to the husband if the following conditions are met:

• first of all, the father must be Russian citizen, and, secondly, to be the official adoptive parent, represented in the singular, of the second baby or subsequent children who have not yet exercised this right, and the conclusion of the judicial authority on adoption must become effective from 01/01/2007;
• the mother or female adoptive parent (hereinafter referred to as the MFA) for a number of reasons was unable to realize her right to maternity capital, and it passed to the father (adoptive parent), whose citizenship no longer plays any role in this situation.

Such reasons for MFA may include:

• deprivation of parental rights in relation to the baby, with whose birth such a right arose;
• declaring her dead;
• death recorded legally;
• being found guilty of committing an intentional serious crime against one's child;
• cancellation by the court of a previously issued adoption order.

Answering in the affirmative the question whether a father can receive maternity capital, one should not forget that the father does not always receive such a right. There are a couple of situations when this seems to be an impossible task for him, namely: the previous child is brought in not by his natural father, but by his stepfather, and due to the death of his mother, the baby is recognized as an orphan.

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Maternity capital: how to get it and where to spend it

To receive maternity capital and manage it properly, you need to fill out a package of documents. For this purpose, the father needs to apply himself, through a trusted person, mail or multifunctional center, with an application of the established form to the territorial body of the Pension Fund and attach to it:

1. A passport allowing identification of the applicant.
2. Insurance certificate issued by the Pension Fund of Russia.
3. Birth certificate, and if children were adopted, a court decision.
4. Documents confirming the impossibility of an MFA acquiring the right to state support - a death certificate, a certificate of deprivation of her motherhood, a court order canceling a previously accepted adoption, etc.

After one month, during which specialists will review the specified information for completeness and accuracy, the results of the inspection, as well as the decision to issue a certificate or refuse it, will be communicated to the applicant by notification at the place of residence. If the outcome is positive, the date when he should appear for the certificate will also be indicated there.

According to the legislation of a family where the second child born or adopted is already 3 years old, they have the right to spend the entire amount or only part of it at once to complete one or more tasks. But these tasks are very strictly limited, and more specifically, there are only two of them.

1. Receipt of education by a son or daughter who has not yet reached the age of 25 in any Russian educational institution.
2. Improving family living conditions.

Of course, there are exceptions to every rule, and there are some here too. For example, without waiting for the end of a three-year period, maternity capital funds can be used to repay a mortgage or consumer loan, as well as interest on them, which were received for the purchase or construction of housing.

Having decided on the place where the MK should be sent and to what extent it should be present there, you must submit an application to the local branch of the Pension Fund of the Russian Federation, where this information should be described in detail. The fund is given 1 month to review it. The certificate is issued within 90 days. And if somewhere any of the officials, due to their incompetence or for other reasons, do not want to issue maternity capital to the father, who has every right to do so, contact the local departments social protection and security or directly to court. Remember that the law is on your side.