How to get a divorce if you have minor children

According to Art. 80 of the Family Code of the Russian Federation, the responsibility for maintaining minor children lies with their parents, regardless of whether they are married. If, after the divorce, one of the spouses evades fulfilling these duties, child support may be collected in court. At the same time, the possibility of supporting single-parent families where a parent is hiding from paying child support has long been discussed in society and at the state level.

To make such a payment, it was proposed to create special funds. For example, the possibility of accruing an additional monthly benefit from the regional budget was considered in bill No. 489583-6. Since 2014, its discussion continued, but in 2021 the project was rejected.

There are often situations when a father, after a divorce, neglects his financial obligations towards his children, and a mother, raising a child alone, cannot work fully, so her only sources of income become child benefits .

Children's rights when their parents divorce

By becoming parents, men and women not only receive the official status of father and mother, they take full responsibility for their children until they reach adulthood, no matter how long the marriage lasts.
Despite all the subtleties of marital relations, child benefit after the parents’ divorce, if one occurs, must be paid. The rights of children in the event of divorce between father and mother are enshrined in the Family Code of the Russian Federation and the Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation.” In addition to the rights to maintain contact with relatives (father, mother, siblings, grandparents), property rights and the right to housing, young pupils should not be deprived of the right to various child benefits after their parents’ divorce.

Who will get the children after divorce?

One of the main questions during a divorce is which spouse will have their joint minor child? As stated earlier, all these disputes are resolved exclusively through the district court. Due to the fact that he will need to take into account the interests of each party, and most importantly, protect the rights of the minor child, immediately after the consideration of the divorce case, the spouses are given time for reconciliation, most often this is a period of one month. However, in cases where both parents demand a divorce, the court can immediately make a final decision.

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Very often, minor children under 10 years of age prefer to be left to live with their mother. However, there are cases in which the court decides to leave the child with the father. This can happen if there is evidence that she cannot independently provide a minor child with the necessary conditions for a full life.

In addition, during the consideration of particularly complex cases, the bailiff may invite representatives of the guardianship authority to receive advice. There are also several criteria for determining with whom the joint minor children will remain immediately after the divorce process:

• The opinion of a minor child must be taken into account. The following facts can be taken into account: who he loves more, with whom he would like to live, whether one of his parents or their relatives had a bad attitude towards him, which of the relatives he loves more, and others. It is important to note that the child's opinion can only be taken into account if they have reached 10 years of age.
• The opinion of both partners, as well as their desire to stay with their common minor children. How ready is he physically and psychologically to live permanently with a child together, and also whether his age and health condition allow this, and whether he has any addictions or bad habits.
• The permanent financial condition of both parents of a common minor child is also necessarily assessed. It is also taken into account who has more opportunities to support him, who can provide for this a higher standard of living, a good education, and also satisfy every need of the child.
• Other circumstances important for a full life, depending on the specific case.

In cases where, during a divorce, the spouses were unable to independently resolve all issues regarding the division of assets and common real estate, as well as the amount of alimony, then the court will independently make a decision and issue a verdict.

Single-parent family status

Many people are interested in what the status of “one-parent family” means and what benefits a mother is entitled to in a divorce.

It is impossible to compare the status of a single mother with the concept of “single-parent family”, since in the second case the woman was married, but divorced her husband, or there are other circumstances in which the mother raises the child alone.

The following family will be considered incomplete:

1. Children were born in marriage, but the parents dissolved the marriage relationship and stopped living together.
2. The father of the family died, received the status of an incompetent person, went missing, and was deprived of parental rights.
3. The baby was born out of wedlock, his father acknowledged paternity, but does not provide him financially.
4. A man who is not the child’s biological father adopts his wife’s child in his second marriage, but then gets divorced and does not support this minor child.

Basic requirements for receiving benefits

From the point of view of the law, a single mother is a certain status that must be documented. If a child was born out of wedlock, and paternity was not established after his birth, then either:

• a dash in the information column about the father;
• “recorded from the words of the mother,” that is, the person recorded is not officially recognized as the father.

If the parents of the newborn are officially married, then the father is included on the marriage certificate, no matter whether the husband and wife live together. Later, the man can challenge paternity through the court. If it becomes known that the man knew that he was not the father, but still consented to registration in this status, the court will not accept any arguments.

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A woman who has adopted a child alone can apply for the “sole parent” status.

If a child is recognized as the father at birth and this data is entered into the child's first document, regardless of whether the mother lives with the father or not, she will not be considered the only parent. In turn, the father, who has confirmed his family ties with him, bears responsibility for him, including financial responsibility and is obliged to pay alimony after a divorce.

The following are not eligible for benefits:

• women raising a child alone after a divorce, even if the father evades paying alimony for the child, this does not affect the woman’s status;
• women who gave birth to a child while unmarried, but the father of the child is known and included in the birth certificate;
• women who gave birth to a child more than 300 days after the divorce was finalized.

Note!

The difference between the statuses of a woman raising a child in a single-parent family and a single parent is the entry in the “father” column of the child’s birth certificate.

Alimony: payments in single-parent families

Assistance for the maintenance of children in single-parent families can be voluntary or compulsory. The best option is child support paid by the departed spouse on a voluntary basis. Any lawyer will advise families divorcing to draw up an alimony agreement in writing in the presence of a lawyer and certified by a notary. In this case, it will be possible to avoid any problems with alimony payments, since the document will indicate the frequency of cash payments, the amount or percentage of the salary, taking into account inflation. Alimony can also be paid in hard currency. All nuances are specified in the agreement and must be followed by both parties.

In what cases is it impossible to dissolve a marriage?

It is impossible to file a claim for divorce if there are minor children under 1 year of age without the voluntary consent of the second parent or if the wife is pregnant (see → divorce during pregnancy).

When the wife gives her consent to the divorce process, you can significantly save time if you draw up an agreement between the spouses, which will detail who the joint child will remain with and how exactly the common property will be divided. It will also be necessary to indicate the amount and method of payment of alimony payments after the divorce process. In this case, you can get a divorce immediately after the birth of the baby.

If you cannot reach a consensus on these issues, then the spouse has every right to refuse this divorce process, in which case it will be necessary to wait until the child is 1 year old. After this, it will not be necessary to require the spouse’s consent to file for divorce.

Cash payments to low-income families

You need to understand that payments to low-income families can be either one-time (emergency financial assistance in difficult life situations) or monthly.
For the most part, for low-income families, child benefits when parents divorce will depend on the programs that work in each individual region. Also, the size of these subsidies may vary significantly regionally. For comparison: in Moscow, a low-income family can receive a one-time payment for children before first grade in the amount of 5,000 rubles; in the Northern capital, a divorced woman with a child with the status of a low-income family will receive 3,768 rubles, while in the Vologda region such support will be at the level one and a half thousand rubles. In some regions, such assistance is provided only for large families.

Low-income families can count on receiving monthly benefits in Moscow:

• 10,000 rub. for each child under 3 years of age;
• 4,000 rub. for each pupil from 3 to 18 years old;
• 15,000 rub. for each baby under 3 years old, if one mother or father evades child support payments. Under the same circumstances, if there are children from 3 to 18 years old, a child benefit is provided if the parents are divorced - 6,000 rubles.

How to resolve disputes?

Divorce with children takes a long time. To speed up the process, spouses must independently resolve property disputes before the trial. If they do not divide the property, then the court will deal with its assessment and division, which will slow down the process. When writing an agreement to determine the shares of the spouses, you need to describe in detail:

• The procedure for dividing property.
• What part does each person get?
• Clarifications on payments if the property was purchased on credit.

The document must be certified by a notary. It is drawn up by hand in two copies. If there is an agreement, the divorce process will take less time and property will be divided faster.

The document indicates the shares of housing taking into account the interests of the child. If, according to the contract, the property is divided in half, then claims will not be accepted in court.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

Large families

Mothers of many children are interested in the question of what benefits are provided after the parents’ divorce in such families.

Russian legislation provides benefits and subsidies for divorced mothers in large families:

1. Monthly payments for caring for the firstborn until the age of one and a half years are up to 3,000 rubles and 5,500 rubles for the second child.
2. Reducing payment for housing and communal services from 30 to 50%, based on regional regulations.

Divorced mothers with many children who have reached the age of 50 and are raising more than five children under 8 years of age can count on social assistance in the form of early retirement. There are other benefits such as free school meals, free holidays at country camps, etc.

Survivor's benefit

Russian legislation protects the interests of children. And if a child’s parent has died or died, then such a minor offspring is entitled to a survivor’s benefit (pension), even after the divorce of the father and mother. If the parent died before the child came of age, the offspring can receive a pension up to the age of 23, subject to full-time study at one of the secondary specialized or higher educational institutions. Registration of child benefits (pensions) in the event of parental divorce due to the loss of a breadwinner takes place at the Pension Fund. For clarification on how to apply for a pension, you should contact the specialists who work there.

Benefits for single mothers

There is no separate legislative act that lists the benefits and privileges for a parent raising a child alone. Rights to receive individual are recorded in:

• tax code;
• labor code;
• a number of laws and government regulations in the field of social protection;
• legislative acts of the subjects of the federation.

To apply for benefits and allowances, single mothers must obtain a certificate from the registry office at their place of residence using Form 25. Then contact the social security authorities at their place of work or the Pension Fund, depending on the type of assistance being issued.

Single parents have a range of options in different areas of life. For example, labor legislation establishes that:

• a single mother with a child under 14 years old cannot be fired due to reduction;
• if possible, the enterprise establishes a part-time working day for such an employee;
• additional two-week vacation without pay;
• business trips only by consent;
• if the child is under five years old, then the mother cannot be assigned night shifts and weekends;
• For a single mother to be fired, more serious reasons are required than for other employees.

Note!

If the rights guaranteed to single parents are violated, you should contact the Labor Inspectorate or court.

In addition, a single mother has the right to an increased tax deduction under Article 218 of the Tax Code of the Russian Federation, and a larger amount of some benefits provided to families upon the birth of a child. Also, at the regional level, many federal subjects provide additional measures of social support for single parents. For example:

• assistance with discharge from the maternity hospital;
• food for the child;
• discount on fees for kindergarten, clubs and meals;
• reduction in utility bills;
• priority provision of vouchers to health institutions and more.

Depending on the financial situation of a single-parent family, in various cities they are given a discount on the purchase of housing with a mortgage and priority in the queue for housing.