Alimony or benefits for a single mother: what to prefer and how to get it?

Concept of alimony

If parents do not participate voluntarily in raising their children, then the law obliges them to at least provide financial assistance. All funds allocated by parents for the maintenance of minor children are called alimony.

Child support can be paid by both parents or by one of them. The basis for paying alimony can be not only a court decision, but also a notarized agreement on the payment of alimony.

Read more about what alimony is.

Single mother status

In most cases, the mother raises the child alone. However, she is not always considered a single mother, and therefore cannot qualify for assistance from the state.

The law stipulates that a woman is considered a single mother:

• who gave birth to a child out of wedlock or 300 days after the official divorce;
• if the former spouse challenged his paternity within 300 days after the divorce;
• who adopted a child without being in a marital relationship.

Officially, the status of a single mother is confirmed by an appropriate certificate.

Read more about what it means to be a single mother.

What is better: alimony or single mother status?

Each woman decides on her own how to maintain her status as a single mother. Life situations are purely individual and the participants also behave differently. But mostly single mothers prefer not to change anything for the following reasons:

1. Financial support. Despite the fact that government assistance for single mothers is not great, it is received monthly. Other benefits also apply as standard. But the father, who was forcibly recognized as such, is unlikely to regularly pay money to the family. Mom will have to spend a lot of effort and time to get the desired alimony payments (evasion, concealment of income, petitions for reduction, etc.).
2. Rights and obligations. In addition to the need to pay money for the child, the “freshly made” father will also receive a number of rights to him. This can significantly complicate the mother’s life (permission to travel abroad).
3. Adulthood. Do not forget that the money received from the father, regardless of its size, is a reason to demand from an adult child maintenance for an elderly parent.

The combination of these arguments is most often a reason to answer a decisive “no” to the question of whether it is worth applying for alimony to a single mother.

The state provides all possible assistance to parents raising children alone (this applies to both mothers and fathers). But every woman has the right to collect maintenance from the second parent. It is important to understand that by losing single status, a parent automatically loses all benefits and privileges. Therefore, before initiating the procedure for establishing paternity and collecting alimony, it is necessary to weigh the pros and cons.

What to choose: single mother status or alimony

By providing social guarantees and benefits to a single mother, the legislator implies the absence of assistance in the material maintenance of children from the father. Therefore, the state provides a number of benefits, allowances and payments to support a single mother.

Wanting to receive the maximum possible financial support, some mothers wonder whether a single mother can file for child support for the child's father and still remain eligible for benefits.

When applying for alimony, a woman loses her status as a single mother. Accordingly, all existing benefits and allowances are canceled.

Also keep in mind that if the status of a single mother remains, her children do not have the right to inherit the property of their father and his relatives unless they are indicated in the will. And in the case of maintaining paternity, the parent in some cases has the right to demand maintenance from his adult children.

Before you finally decide what will be best for you and your child - maintaining the status of a single mother or requiring the father to participate in the maintenance of the child, weigh all the pros and cons of each option.

Establishing paternity and collecting alimony

If the likely father of the child does not want to acknowledge his parenthood, then the single mother has the right to file a lawsuit to force this. It is better to simultaneously submit an application for recognition of paternity and for the man to pay alimony, this will speed up the entire procedure.

To do this, the mother will have to prove that the alleged father is the biological parent of the child. The court will ask the man to undergo a genetic (DNA) examination. The reliability of the test is 99%. The laboratory must have the right to provide expert opinions to the court. The cost of an examination with a conclusion for the court averages 6-14 thousand rubles (data based on monitoring results in September 2021). The genetic test is paid for by the child's mother, but if the result is positive, this amount will be collected from the father along with alimony.

Additionally, a woman may need the services of a legal adviser, which are also expensive.

If the result of the genetic test is positive, the court recognizes that the defendant is the father and obliges him to compensate the child’s mother for the costs of the DNA test and the state fee. If a single mother simultaneously applies for alimony, then the judge decides on its amount and how it will be paid. New information about the parent is recorded on the child’s birth certificate.

If the result of the DNA examination is negative, the claim remains unsatisfied.

If the probable father refuses to undergo a DNA test without reason, then the court may take into account various evidence of parenthood (invite people who knew about the couple’s cohabitation, consider information about the general budget, telephone conversations). If a man refuses a DNA examination, the court decision is often in favor of recognizing him as the father, since the state tries to protect the interests of the children.

What documents are needed?

To file a claim in court you must:

• write a statement of claim;
• present your mother's passport;
• birth certificate or passport of the child;
• if a woman is or has previously been officially married, then a marriage or divorce certificate is needed;
• certificate of income of the plaintiff and defendant (they are requested at the parents’ places of work if the single mother also applied for alimony);
• receipt of paid duty.

See also:

Alimony for wife maintenance after divorce

Additionally, a woman can attach the results of a DNA examination (if it has already been carried out), evidence of a relationship with a man (correspondence, printouts of calls and SMS, witness statements).

Procedure for filing a claim

The key point (besides collecting documents) is filling out the statement of claim.

The “header” of the document indicates the name of the court, information about the plaintiff and defendant (alleged father).

In the main part of the application, the woman reports that she was in a relationship with a man, gave birth to a child (his details are indicated) and asks to establish the fact of paternity, as well as to collect alimony (if she wants to do this at the same time). Additionally, the contents of the application include information about living together, the general budget, the period of the relationship, the availability of evidence and the names of witnesses who could be invited to court.

The consideration of the case may last several months, require a number of meetings, requests for additional documents, and calling witnesses. Often the process takes place in a difficult moral atmosphere and requires enormous nervous tension.

Therefore, a single mother should be patient. Even if the outcome of the case is positive for her, the recognized father may hide from child support or hide his income in order to pay the minimum.

Legal provisions governing the situation of a single mother

Benefits and allowances for single mothers cover various areas. The very concept of a single mother is enshrined in the resolution of the Supreme Court of the Russian Federation dated October 16, 2010. At the same time, benefits related to work and taxes are established at the federal level.

The ban on using the labor of a single mother on weekends and holidays is prescribed in the Labor Code of the Russian Federation, and the provisions on double tax deduction are in the Tax Code of the Russian Federation. The amount of benefits and one-time payments for a child is regulated by Federal Law No. 81 of May 19, 1995 “On state benefits for citizens with children.”

In addition, certain benefits, benefits, compensation and payments are provided for by regional legislation. In each subject of the federation they may differ in volume and quantity. A complete list, as a rule, is available in the department of social protection of citizens at the place of residence.

Procedure for applying for child support for a single mother

Even if a mother raises a child alone, in most cases she knows who the father is. And she can file for alimony. To do this you need:

• Establish or prove paternity: voluntarily;
• judicially.

Establishment (proof) of paternity

Depending on the position of the father in relation to the child, paternity is established voluntarily or through the court. For voluntary recognition of paternity, both parents write a corresponding application to the registry office. On its basis, a new birth certificate of the child is issued, which indicates the surname, name and patronymic of the father.

If the father refuses to acknowledge his paternity, the mother files a lawsuit. Most often, genetic testing puts an end to this issue. But if the father refuses to conduct it, then the court considers other evidence.

Learn more about establishing paternity.

Which authorities to contact?

As noted above, alimony can be paid by the father either voluntarily or by court order. In the first case, an agreement is drawn up and notarized, which indicates the amount of payments. The agreement also describes other conditions for the father’s participation in raising the child.

If the father is against maintaining the child, then the mother can request alimony through the court.

Package of documents

Like any procedure, filing for alimony in court is accompanied by the formation of a package of documents. It includes:

1. Passport.
2. Child's birth certificate.
3. Certificate of marriage or divorce (if available).
4. Conclusion on the genetic examination (if it was carried out).
5. Other documents indirectly confirming paternity (letters, witness statements).
6. Certificates of income of father and mother.
7. Receipt for payment of state duty.

Can a single mother apply for child support?

A woman recognized as a single mother can change her status and try to obtain child support from the child's biological father. She will need to prove paternity. This means that she will lose her status as a single mother and lose all the benefits she is entitled to.

See also:

Escape from responsibility: how to calculate alimony debt and collect it?

She can invite the baby's father to acknowledge his parenthood voluntarily. This can be done at any time, even if her status as a single mother has already been recognized. The biological father and mother of the child jointly write a statement in which the man confirms the fact of his paternity, and the woman confirms the absence of objections on her part. In this case, a package of documents is required (passports, a child’s certificate or a certificate from a medical institution, a receipt for payment of a fee of 350 rubles).

Sometimes paternity is recognized before birth (during pregnancy), if there is a threat that this will become impossible later. For example, there is a threat to life and health, or the biological parent is leaving for a long period of time.

For a minor child, the decision to recognize the father is made by the mother. If he is already 18 years old, but is incapacitated, then he needs permission from the guardianship. It happens that paternity is recognized in an adult, but then his consent is also required.

After recognition of paternity has occurred, the child’s mother has the right to submit an application for payment of alimony by the second parent or enter into an agreement with him on a voluntary basis and have it notarized.

How to collect alimony after a court decision

Consideration of a claim in court is not a guarantee of receiving alimony. If the outcome of the case is positive, the awarded amount will still need to be recovered. This is done by the bailiff service: based on the court decision, enforcement proceedings are initiated.

If the father is officially employed, then alimony in the amount awarded is withheld and transferred by the employer.

If the father has another source of income (pension, unemployment benefits), then the writ of execution is sent to a branch of the Pension Fund or an employment center.

If there is no official source of income, the bailiff will seize the debtor’s accounts or his property.

How to apply for child support to a single mother

A single mother can file for child support if she knows who the father is. To receive funds from the intended parent, it is necessary to prove his paternity. The mother has the opportunity to reach an agreement with the child’s father, and if he agrees to recognize the origin of the baby, the necessary entry is made on the birth certificate. If the parent denies his involvement in the birth of the baby, the issue will have to be resolved in court using DNA analysis and other evidence. A detailed procedure applies to both the birth of a child within and outside of marriage.

Collection procedure

To file for child support, a single mother will first have to prove that a specific man is the father of her child. This procedure is carried out only in court. Even if a parent does not deny paternity, a new entry on the birth certificate can only be made by court decision. The algorithm for collecting alimony is as follows:

• initiation of paternity establishment procedures;
• court hearings;
• entering information about the father into the baby’s birth certificate;
• filing a claim for alimony payment;
• receiving funds in the manner prescribed by law (alimony agreement, court decision, through the federal bailiff service).

The last stage of collecting alimony can take a long time if dad changes his place of permanent residence and/or collects enough evidence of his financial insolvency.

Going to court

If it was not possible to reach an agreement with the child’s father in a peaceful manner and the man continues to stand his ground, refusing involvement in the birth of the child, the woman can file an application in court. In one claim it is permissible to combine two forgiveness at once:

• establish the fact of paternity;
• demand payment of alimony.

It is necessary to file a lawsuit at the place of registration of the alleged father (Civil Procedure Code of the Russian Federation, Art. 28-29). To draw up a statement of claim, you must enter the following information:

• Name of the court.
• Information about the plaintiff and defendant (full name, registration address, contact telephone number).
• The motivational part (a detailed statement of the situation, describing the details of cohabitation, housekeeping, the moment of the birth of the child, as well as indicating witnesses and evidence of the defendant’s paternity).
• Petition part (description of what the plaintiff wants to receive - recognition of paternity and/or award of alimony in percentage terms or a specific amount).
• Appendix (list of documents appearing in the claim).

A correctly drafted statement of claim is a guarantee of a positive outcome in court. In addition to filing a claim, a single mother will need to pay a state fee. By the time of the first hearing, it is necessary to collect as much evidence as possible of living together and intimate relationships with the defendant, including witness testimony.

Establishing paternity

The simplest and most accurate way to establish the paternity of a citizen is the procedure of genetic analysis of the DNA of the child and the alleged father. Such an examination is carried out by court decision and gives results about relationship with an accuracy of 99%. The only disadvantage of the procedure is its high cost (10,000-25,000 rubles). The plaintiff will have to pay for the analysis himself, but if he wins the case, all expenses (DNA examination, payment of state fees, attorney fees) will be awarded to the defendant. If the defendant or plaintiff refuses to conduct a DNA examination, the court may prescribe other methods of establishing paternity. For example:

• the defendant's ability to bear children;
• analysis of the blood group of the child and both parents;
• calculating the possible day of conception;
• comparison of astrometric data of the child and the putative father (eye color, skin color, other hereditary characteristics).

Proof

If for some reason genetic testing is not possible, the single mother must provide the court with other evidence. The main task is to confirm the fact of acquaintance and close relationship between the prospective parents of the child. The following may be added to the case as evidence:

• personal correspondence between the defendant and the plaintiff;
• checks from postal or bank transfers;
• SMS messages;
• video recordings of spending time together;
• photos;
• documents confirming cohabitation at the time of conception of the child;
• testimony of neighbors, mutual friends, relatives of each party.

Documentation

An important part of preparing for court hearings is collecting all necessary documents. If you want to win the case and get the money owed to your child, approach this issue as responsibly as possible. You will need the following papers:

• passport;
• child's birth certificate;
• certificate of marriage or divorce (if available);
• evidence of the child’s origin from a specific “alimony provider” on paper;
• documents determining the defendant’s monthly income (in the event of a simultaneous filing of a claim for alimony);
• receipt for payment of state duty.

State duty

State duty is a mandatory payment collected from individuals and legal entities when applying to government bodies and institutions. The amount of the contribution is determined by the Tax Code of the Russian Federation (Tax Code of the Russian Federation, Article 333.19). The state fee is paid at the time of filing the claim, but at the end of the court case, if the outcome is positive, these expenses are borne by the defendant. The fee for alimony cases is 150 rubles. If a single parent seeks maintenance not only for the child, but also for himself (disability), then the amount of the state duty will be 300 rubles.