What is more profitable for a single mother: to include the father in the birth certificate or the status of a single parent?

Single mother concept

The term “single mother” is not defined in law. There is a link to it in the Labor Code and other norms. Tax legislation includes the wording “sole parent”. In meaning, these concepts are absolutely identical.

“Single parent” is a person who, for a number of reasons, raises a child alone. Among these reasons is the loss of the second parent, as well as recognition of him as dead or missing, by a judicial decision, of course. And perhaps the most ambiguous moment is when the paternity of the child has not been established. Why not clear? The fact is that established paternity affects, for example, state support.

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.

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.

How does this affect payments?

In order to assign the above payment (from 3 to 7 years), social security calculates the average per capita family income. This is done on the basis of the data provided by the applicant when submitting the application. The family income per capita calculated in this way on average affects the right to receive benefits.

One of the types of income claimed is alimony. Their amount until November 1, 2020 must be indicated when submitting the application. This is done if paternity is established. If there is a dash in the “father” column, this information will not be required. After the first November date, the authority will request information from the FSSP independently.

Now the absence of a registered marriage, coupled with established paternity, is a “red rag” for social protection. A rag called “alimony.” And a reason to refuse if information about them is not submitted and is not confirmed by a document. This is a child support agreement or a court order.

How to write an application for status

Before considering herself a single mother, a woman is required to draw up a written document. The application for status contains the following information:

name of the circulation authority;
FULL NAME. mother and full name child;
registration address and actual residence address;
grounds for obtaining the status;
list of provided papers;
date and signature of the applicant.

The application must be written in person or on a special form.

It is allowed to submit a document either by the applicant himself or with the help of third parties. The second method requires a notarized power of attorney.

Consideration

The application and documents are reviewed within 30 days from the date of submission. After 30 days, feel free to contact the social protection authorities for an answer. After receiving single status, the woman will be given a special certificate. It confirms that a person is entitled to receive benefits and subsidies. In each case, their list is purely individual.

You can easily find out from social security officials what benefits you are entitled to. Sign up for a consultation in advance by finding out the specialist’s appointment hours or use the electronic queue.

Important. The certificate is the main confirmation of the status of a single mother.

The certificate is required in the following cases:

if a woman gets a job and wants to receive financial and social assistance;
if a woman decides to travel outside the Russian Federation and take her child with her;
when performing certain procedures in the housing and communal services authorities and the passport office;
to obtain a place in educational institutions: kindergartens, schools, sports sections (the listed organizations have the right to provide your child with a preferential place at their discretion, and not necessarily).

Where does the “dash” on a birth certificate come from?

A “dash” appears instead of the father’s full name at the request of the mother herself. This allows us to do Art. 17 of the law on acts of civil status. Consequently, when submitting an application to the registry office for the issuance of a birth certificate, the mother has the right not to enter any information about the father. This does not negate the very possibility of establishing paternity in the future. Acquiring paternity in this case will be more difficult, since recognition will only be possible in court.

This situation also has certain nuances. For example, paternity will be established within 300 days after the divorce. This information is kept by the registry office or the court. In theory, 300 days are the same 9 months, but in hard numbers. The same procedure exists with regard to the annulment of a marriage and the death of a spouse.

How does single mother status affect child benefits?

At the federal level, single mothers are currently only provided with benefits for children from eight to 16 years old. Single-parent families will have the right to payments if their average per capita income does not exceed the subsistence level in the region. The only citizen who can receive benefits is the child's parent, who is listed on his birth certificate. At the same time, there are no entries about the second parent in the certificate or were included there according to the mother’s words. The benefit is also assigned to the only parent of the child if the second parent has died, is declared missing or declared dead. Payments will be available to parents who have been awarded child support from the second parent in court.

Other benefits are paid on a general basis:

lump sum payment at the birth of a child;
payment for registration in the early stages of pregnancy;
maternity benefits;
child care allowance up to one and a half years old;
maternal capital;
payments for a child from three to seven years old;
“Putin’s benefits”;
benefits for a child under 18 years of age;
subsidies for housing and communal services;
compensation for kindergarten fees and for lack of space in it.

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It is important that when assigning some payments, family income is taken into account. If the family consists of you and a child, then income certificates from the father are not needed. So, you will need to take fewer steps when preparing documents and not have contact with your father. You will have a greater chance of receiving benefits because alimony payments are not counted as income.

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If the father is indicated on the child’s Birth Certificate, and the mother does not have single parent status, then a court decision will have to be provided for payments for the child. It can be replaced by a notarial obligation on payments and the amount of alimony. If the father evades his obligations, a certificate from the bailiffs about the debt will be required.

Remember that any parent can apply for benefits, regardless of who the child lives with. The person who submitted the application first will receive the money. For example, similar cases often happened with coronavirus payments: fathers who did not live with the child and did not take part in the child’s life in any way managed to receive the money.

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Subjects of the Russian Federation can offer their own payments for single parents. In Moscow, not only a single mother, but also a father can receive compensation for expenses due to the increase in the cost of living - 750 rubles and the rise in food prices - 675 rubles. Low-income single parents can receive an increased allowance for a child under three years old in the amount of 15 thousand rubles and six thousand rubles for a child from three to six years old.

For children of single parents in many regions, places in kindergarten are provided on a priority basis. However, this rule, unfortunately, applies if there are places in kindergarten. Otherwise, such status does not play any role in obtaining a place in kindergarten.

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What tax breaks are there for single mothers?

Each parent is entitled to a child tax credit. A single mother is entitled to a double tax deduction because she is raising a child alone.

For the first and second children this amount is 2,800 rubles, for the third and subsequent children - six thousand rubles, and for each disabled child 24 thousand rubles are allocated. The deduction is provided until the income of a single parent exceeds 350 thousand rubles.

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You can apply for a deduction yourself at the Federal Tax Service or at your employer. In the first case, you will immediately receive the entire deduction amount for the year, and in the second, you will receive a salary greater than before the deduction.

What labor guarantees does a single mother have?

Single mothers cannot be denied a job because of her status. This behavior by the employer is discrimination, and such a decision can be challenged in court. However, no professional HR employee will tell you that. Refusal to hire is motivated by another reason.

If a woman is hired, she will be entitled to some labor benefits. Such an employee with a child under 14 years old cannot be fired unilaterally. An exception is the liquidation of an enterprise or closure of an individual entrepreneur.

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Dismissal under the article is possible only if the woman skipped work, violated labor discipline, revealed a trade secret, falsified documents when applying for a job, and more.

A single mother cannot be forced to work at night or overtime. Until the child turns five years old, his mother cannot be involved in overtime work, night shift work, or sent on a business trip without her consent. A single mother cannot be fired due to a job reduction. She should be offered an alternative.

A mother raising a child alone can take additional leave of up to two weeks at her own expense at any time. The employer cannot also prohibit such an employee from switching to part-time work.

All of the benefits listed apply to both a single mother and a single father. They may not be afraid of layoffs, night shifts and overtime. But in practice, if a parent wants to provide for a child, he will most likely work under all the conditions of the enterprise.

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How and by what is the status of “single mother” confirmed?

Previously, the registry office issued a certificate in the F-25 form, which confirmed the status. The Government of the Russian Federation, by document number 1219 dated October 12, 2018, abolished the form. By the way, certificates issued by the civil registry office are approved by the Ministry of Justice, by order No. 200 of October 1, 1818. Among them, the F-25 uniform or something similar is missing. Thus, the official status of a single mother has sunk into oblivion.

Consequently, this status cannot be confirmed today by any special document. Each authority establishes the necessary facts independently, relying on data from the registry office. That is why the “dash” in the column about the father matters.

Instructions for registering single mother status

If you meet the legal definition of a single mom, you will need to prove your special status legally. This will allow you to take advantage of all the social benefits that the state provides to this category of citizens.

First of all, get advice from a social worker. protection and describe your life situation.
Next, you will need to fill out a standard application asking for single mother status. Take a sample application from the branch of the SZN authority or on the Internet on the official websites of the state. structures.
The next step will be collecting documents. You will receive a list of documents required for the procedure from your social worker. protection.
Next, you need to submit the entire collected package of documents for verification. Remember that in addition to the originals, you will also need photocopies of all papers.
After checking all the data provided, a decision will be made to assign you the status of a single mother.

So how can you tell if you're a single mother or not?

The Supreme Court of the Russian Federation came to the rescue at one time, but only on the issue of labor relations. According to the explanations of the high court, a single mother is a woman who raises a child (children) alone. Including when the father has died, is deprived (limited) of parental rights, is serving a sentence and in other cases. But that labor legislation has a special, reverent attitude towards it on the part of the legislator and the court.

In other cases, including in matters of assigning benefits from 3 to 7 years, a woman should most likely be considered a single mother:

who gave birth (adopted) a child in the absence of a marriage
who had a child after 300 days from the date of divorce
the paternity of a child whose paternity is disputed and there is a court decision on this issue (the court declared paternity absent)

Outside of labor relations, a single mother will not be a woman whose spouse (former spouse) has been deprived of parental rights. The RF Armed Forces did not provide any explanations on issues other than labor relations.