Receipt of maternity capital by the father of the child. Can a father receive maternity capital? Can a father apply for maternity capital?

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 the adoption of positive decisions in their favor, amendments were made to the federal law, namely, it is the main regulatory document regulating issues of maternity capital (hereinafter - MK).

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 personalized document confirming the right to government 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:

  • firstly, the father must be a Russian citizen, and, secondly, be the official adoptive parent, represented in the singular, of the second baby or subsequent children who have not yet exercised such a right, and the conclusion of the judicial authority on adoption must become effective with 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 of social protection and welfare or directly to the court. Remember that the law is on your side.

The circumstances of life are such that sometimes people have to change roles and men are forced to play the role of not only a father, but also a mother for their child. The state benefit for the birth of the second and subsequent children is called, that is, it is understood that the mothers of the children receive it. But now, thanks to amendments to the law, single fathers have the right to this type of financial assistance.

Evolution of legislation

Previously, maternal capital did not automatically become paternal capital when life situations arose when the father assumed the functions of the mother. Men raising children themselves had to prove their right to own a certificate in court. For example, Alexander Afanasyev from Neftekamensk is raising children alone, because the mother of one of the children was deprived of parental rights, and the mother of another died. The man sought to obtain a certificate for more than a year, but was able to prove his right in the Supreme Court. This is an exceptional case.

Now each application is considered individually, and the original law on providing assistance to families in the form of maternity capital has changed significantly. Now fathers raising two or more children can get it.

What is maternity capital?

Maternity capital is one of the types of state assistance to families with Russian citizenship at the birth of a second, third or more children between the beginning of 2007 and the end of 2017. The Russian Pension Fund reviews applications and issues maternity capital. Capital is not subject to personal income tax and is provided not to the born child, but to his parents, so the distribution of capital can only be carried out taking into account family needs.

Reasons for a father to receive a certificate

Legally, the right to receive maternity capital arises under the following conditions:

  1. When a father becomes the sole adoptive parent of two or more children in an official adoption that occurred no earlier than 2007.
  2. When a mother is deprived of her rights to children.
  3. If a woman refuses to adopt a child.
  4. If a woman is declared dead, then regardless of whether the father is a citizen of the Russian Federation, he can receive this type of assistance.

A man cannot receive a certificate if:

  • He is not the natural father or adoptive parent of the previous child, but a stepfather.
  • After the death of the mother, the child was recognized as left without guardians, that is, an orphan.

Prove your right!

Previously, the law did not provide for assistance to fathers who have children from different women, if the mothers were not citizens of the Russian Federation. The impetus for introducing changes to the law on material support for families in the form of maternity capital was the case of Denis Shestakov from Perm, who has three children from different mothers. Two mothers of the older children died tragically, and the father with many children lives with his third wife (the mother of the youngest child) in a one-room apartment. Total - five people in small-sized housing. Shestakov applied to the Pension Fund of the Perm Territory to issue him a certificate for two children from his previous wives, but was refused. It was explained to him that according to the law, only the adoptive father of several children has the right to a certificate.

Shestakov went to court and won the case. Since maternity capital is a measure of financial support for a large family, Shestakov fully fits into this standard. After this case, changes were made to the law and fathers raising children from different women have the opportunity to receive assistance in the form of maternity capital.

Documents for obtaining a certificate by the father

  1. Application for obtaining a certificate according to the established model.
  2. Your passport.
  3. Birth or adoption certificates of children with a mandatory insert confirming their citizenship.
  4. A certificate confirming the death of the child’s mother, or a certificate stating that the woman was deprived of her rights to children.

After the applicant collects all the necessary certificates and documents, the Pension Fund verifies their authenticity within a month. The result of the check is sent to the father’s place of residence in the form of a notification, which indicates whether the issuance of a certificate for the father to receive assistance to families in the form of maternity capital is allowed or not. If the Pension Fund has given the green light to issue a certificate, the notification will indicate the date when it can be received. For what purposes maternity capital funds are allowed to be distributed is specified in the law.

Answer: The day before, by the Decree of the Government of the Russian Federation, clarifications were made to the Rules for the allocation of maternal (family) capital funds to improve housing conditions. The key innovation is the ability to use maternity (family) capital funds to repay mortgage loans if the party to the loan agreement, including a mortgage, is not only the woman who has received a certificate for maternity (family) capital, but also her husband. In addition, in order to comply with the law, which prescribes that housing purchased using maternal (family) capital must be registered as the common property of the entire family, it is sufficient to provide a written undertaking to subsequently register this housing as the property of parents, children and others jointly family members living with them.
Accordingly, the adoption of the new Rules made changes to the set of documents that must be submitted to the territorial bodies of the Pension Fund of Russia in order to direct funds from maternity (family) capital to repay mortgage loans.

Hotline telephone numbers: at the Pension Fund Office in Kirov - 528-542, at the Pension Fund Branch in the Kirov Region - 528-177.

N.P. Shilyaeva, Deputy Manager of the Public Financial Markets Fund for the Kirov Region, answers the question

2. Question: After the birth (adoption) of which child can the mother (family) count on receiving maternity (family) capital?

Answer: The classic applicant for maternity capital is a woman who has citizenship of the Russian Federation, who gave birth (adopted) a second child after January 1, 2007. A family in which, starting from this date, a third, fourth, and so on child was born, can also receive maternity capital, if after the birth of the second child the right to receive maternity capital was not formalized. For example, a woman who gave birth to her third child in January 2007 can apply for maternity capital. At the same time, a woman who registered maternity capital after the birth of her second child in 2007 cannot apply for another certificate upon the birth of her third child in 2008.

3. Question: What needs to be done to receive a certificate for maternity capital? What documents are needed?

Answer: To receive a certificate, you must submit an application to the territorial body of the Pension Fund of the Russian Federation at your place of residence at any time after the birth of your second child. The application must be accompanied by originals or notarized copies of the passport and birth certificate of the children. If the birth certificate of the second child does not contain a note about the Russian citizenship of the parents, then there must be a mark there certifying that he is a citizen of the Russian Federation. At the same time, the mother herself must have Russian citizenship; her place of residence does not matter. The father, adoptive parent, guardian who wants to receive maternity capital will have to submit additional documents that will confirm the death of the mother, documents on the deprivation of her parental rights, etc. Within a month, employees of the Pension Fund will check the documents. At this time, they can request additional information from other sources (maternity hospital, registry office, etc.). If everything is in order, then a notification must be sent to the residential address within five days. After this, you can go to receive a certificate - at the same branch of the Pension Fund where you submitted your application. Hereinafter, “SECOND CHILD” means the second child of a woman born (adopted) after January 1, 2007, as well as the third, fourth and subsequent child, if after the birth of the second child the right to receive maternity capital was not formalized.

4. Question: Can a certificate for maternal (family) capital be issued to the father and not the mother?

Answer: Only in certain cases. The child's father can receive a certificate if the mother died or was deprived of parental rights, and he does not have to be a Russian citizen. Or if the man is the sole adoptive parent of the second, third and subsequent children.

5. Question: If the second child was born at the end of 2006, is it still possible to receive maternity (family) capital?

Answer: No. An application for maternity capital can be submitted if a second or subsequent child was born between January 1, 2007 and December 31, 2016.

6. Question: Is it possible to receive cash using a certificate for maternal (family) capital?

Answer: No, you cannot receive cash using the certificate.

Maternity capital funds can be used only in three areas:

1. Improving living conditions (including payment of a mortgage loan);
2. Education of children in any educational institutions that have the status of educational institutions, at the discretion of the parents.
3. Formation of the funded part of the labor pension of the woman who is the owner of the certificate.

7. Question: Is a woman who has given birth to a second child entitled to receive maternity (family) capital if the first child has died?

Answer: Yes, it does.

8. Question: And if the second child is adopted, is maternity capital required?

Answer: Yes. When determining the right to receive maternal (family) capital, adopted children are treated as relatives. If a family has its own child and the family adopts a second child after January 1, 2007, then the woman has the right to receive maternity capital. The same applies to cases where the first child is adopted. At the same time, the adoption of a spouse's children (stepchildren) does not give the right to maternity capital.

9. Question: Does a woman have the right to receive maternity capital at the birth of her second child, if instead of the birth certificate of the first child, a birth certificate was issued in Form No. 26, which confirms the fact of state registration of a child who died in the first week of life?

Answer: Unfortunately, in this case the certificate cannot be issued. Without presenting a child's birth certificate, the territorial bodies of the Pension Fund of the Russian Federation cannot make a positive decision on issuing a state certificate.

10. Question: If a woman received a certificate for maternity capital after the birth of her second child, can she receive it after the birth of her third?

Answer:

11. Question: In the three years that separate the birth of a child from the opportunity to manage maternity capital, a lot can change in the country and in the family. How is maternity capital protected from inflation? What will happen to it if the recipient dies?

Answer: The size of maternity capital is indexed every year. Over 2 years it increased by 20% (from 250,000 rubles in 2007 to 299,731.25 rubles from January 1, 2009). In the future, maternity capital will also be indexed depending on inflation. In the event of the death of a woman - the owner of the certificate, the maternal (family) capital passes to the father of the children, and in the event of his death, to the children. In this case, the amount of maternal capital is divided between the children in equal shares.

12. Question: If a woman received a certificate for maternity capital after the birth of her second child, can she receive it after the birth of her third?

Answer: No. By law, maternity capital is allocated only once.

13. Question: In what cases can the issuance of a certificate be refused?

Answer: The main reasons for refusals: 1. The baby or woman does not have citizenship of the Russian Federation, 2. The woman who applied for the certificate is deprived of parental rights in relation to the last born child or to all children born before the birth of the last child. 3. The applicant provided false information about the order or date of birth of the children. You can try to appeal the decision to refuse to issue a certificate to a higher authority of the Pension Fund of the Russian Federation or in court.

14. Question: If twins are born in a family, which of them receives maternity capital? Or does the amount double?

Answer: The recipient of maternity capital is not a child, but an adult, usually a mother. From the point of view of obtaining maternal (family) capital, it does not matter which of the twins will be declared the “second child”. A family can equally spend maternity capital on the education of each of them. The amount of maternity capital does not double.

15. Question: Is it possible to use maternity capital in several directions, for example, part of the funds for training, and part for improving living conditions?

Answer: Yes, according to the law, it is possible to distribute maternal (family) capital funds simultaneously in several directions.

We continue to answer your questions about the use of maternity capital funds.

Not every mother who raises a child without the participation of a father fits the category of a single mother. Thus, after a divorce, a woman cannot obtain single status, since the father is indicated in the child’s birth certificate, which must be submitted to the Social Security authorities. A single mother is considered to be a woman who gives birth to a child out of wedlock or after 360 calendar days after divorce. The civil registry office issues them a birth certificate in form No. 25, where a dash is placed in the father column, or there is an entry “father’s details are recorded from the words of the mother.” In the event of a divorce, a woman with children has the right to completely different types of benefits, depending on the current situation.

This could be: alimony, benefits for a low-income family, payments for the loss of a breadwinner (in the event of the death of the father) or others. But at the same time, the option is considered when the father abandons the child and confirms his desire in writing. His statement will be considered the basis for recognizing the woman left with the child as a single mother.

Will they give a loan against maternity capital if a woman is divorced?

One of the areas of maternity capital funds is the repayment of a mortgage loan. The certificate holder has the right to dispose of funds. Basically it is the mother, but if the only parent is the father, then the certificate is issued in his name. When applying for a mortgage loan, the choice of the credit institution remains with the certificate holder. The ability of a divorced woman to obtain a mortgage depends on the terms of the agreement established by the credit institution. The Pension Fund has no objections to this matter.

Is gifted property divided when receiving maternity capital in a divorce?

Property given to one of the spouses is not jointly acquired, so it will not have to be divided during a divorce. It remains in the ownership of the spouse to whom this property was transferred under a gift agreement. Maternity capital, or real estate purchased with these funds, also does not apply to jointly acquired property. According to legislative norms, this property or unused funds under the certificate have a designated purpose, and accordingly, are the property of the certificate holder. In the event of a divorce, the ex-spouse retains only the share of the property allocated upon purchase.

If the spouses are divorced, how can you use maternity capital?

Due to the fact that the funds under the maternity capital certificate have a specific purpose and the fact that the certificate is issued in the name of the mother (in some situations in the name of the father, if he is the only parent), there should be no questions about the division of this property. The holder of the certificate is mainly the mother, therefore only she has the right to dispose of the allocated funds, including after a divorce. Maternity capital after a divorce can be used for all purposes provided for by law.

If I'm divorced, can I use maternity capital?

The certificate is indivisible property, so if the funds were not used during the marriage, they can be spent after the divorce for the purposes provided for by Federal law. The spouse in whose name the certificate was issued has the right to independently manage maternity capital funds.

How is maternity capital distributed during a divorce?

The certificate for maternity capital has a specific purpose, and in accordance with Article 34 of the Family Code, in the event of a divorce, it cannot be divided between spouses. The certificate holder, that is, the wife (in exceptional cases the husband), independently manages the funds.

Maternity capital if the second child was born in divorce

A certificate for maternity capital is issued to the mother (father) at the birth (adoption) of the second or subsequent children (if the document was not received at the birth of the second child). When preparing documents to receive maternity capital, divorce does not play any role. Accordingly, if a woman gave birth to a second child after a divorce, she has the right to apply for a certificate on a general basis.

Can a husband claim maternity capital after a divorce?

Since the funds under the maternity capital certificate belong to the target property, according to Article 34 of the Family Code of the Russian Federation, in the event of a divorce, the husband does not have the right to claim these funds.

Can a husband claim maternity capital during a divorce?

In the event of a divorce, maternity capital funds remain the property of the wife (recipient of the certificate). According to the Federal Law on Maternity Capital, funds under it do not belong to the property divided during a divorce. Therefore, any court will be on the side of the mother and children. An exception is when the mother is declared incompetent, has committed a deliberate crime against children, and has been deprived of parental rights. In this case, the father has the right to sue to re-issue the certificate in his name. The legality of the spouse's actions will be considered by the court.

Can a father claim maternity capital during a divorce?

After a divorce from the children’s mother, the father has no right to claim maternity capital funds. The right to own the certificate remains with the holder, that is, the mother.

Is it possible to return money to mat capital when spouses divorce?

If the funds under the certificate were used for any purposes provided for by the Federal Law on Maternity Capital, then it is no longer possible to return them. Another option is when real estate was purchased using maternity capital. The property can be sold, and the money (in an amount equivalent to the allocated share of the property) is returned to the spouse. But this procedure must be carried out while observing certain conditions. For example, the share of children remains inviolable, and in return for the sold real estate, children are necessarily allocated equal living space.

Is it possible to return maternity capital during a divorce?

It is impossible to return maternity capital funds spent during a divorce. The use of money is handled by employees of the Pension Fund, therefore, money spent, for example, on paying for children’s education cannot be returned. If, for example, they were used to purchase real estate, then they can only be returned by selling the existing living space. But in this case, many problems arise, since when completing a purchase/sale transaction, shares are allocated to all family members, including children. And their rights are protected by law, so a reverse purchase/sale transaction of real estate is possible only with the permission of the guardianship authorities.

Is it possible to divide maternity capital during a divorce?

In accordance with the legislation of the Russian Federation, maternity capital funds are indivisible property, therefore, during a divorce, their division is not provided.

My husband and I are divorced. Is he entitled to maternity capital?

If after a divorce the question of using maternity capital funds arises, then the ex-husband has nothing to do with this money. The certificate holder (mother, but in rare situations father) has the right to use the funds without the participation of the former spouse.

How is an unfinished house divided into maternity capital during a divorce?

As Article 34 of the Family Code of the Russian Federation defines, in the event of a divorce, all jointly acquired property is divided between spouses, except for funds and property that have a designated purpose. Maternity capital is one of these, therefore an unfinished house, for the construction of which funds were invested under the certificate, cannot be divided between spouses during a divorce. The former spouse can only claim the share of the property that was allocated to him when he requested the use of funds under the certificate. To sell your share in order to receive money, you first need to register ownership of this part.

Is it necessary to re-register mat capital after a divorce?

There is no need to re-register maternity capital after a divorce, since the certificate is a personal document, and only the owner, that is, the mother of the family (in rare cases, the father), has the right to dispose of it.

Do I need my husband's consent to receive matrimonial capital during a divorce?

To apply for the use of maternity capital funds, the permission of any family member is not required. The only thing that matters is the desire of the holder himself. Accordingly, during a divorce, the former spouse has nothing to do with the receipt and exercise of the right to a certificate by the mother of the family.

The couple is divorced. Who will receive maternity capital?

If the spouses are divorced, the right to receive a certificate and use the funds remains with the mother of the family. But in some situations, the father is given this right. For example, when a mother was declared legally incompetent and deprived of motherhood, the fact of illegal actions against children and the death of the mother was established.

Is the right to use maternal capital lost after a divorce?

The right to use funds under a maternity capital certificate after the divorce of spouses is not lost. The certificate is issued at the birth of the second or subsequent children (if it was not issued at the birth of the second child). A certificate is a personal document, which the person who received it has the right to dispose of. After a divorce, this right remains with the recipient of the certificate.

Is maternity capital taken into account when spouses divorce?

When spouses divorce, maternity capital is not taken into account as a division of jointly acquired property. In accordance with Article 34 of the Family Code of the Russian Federation, during a divorce, all jointly acquired property is divided, with the exception of property and funds that have a designated purpose, which is maternity capital. The right to implement the certificate is vested in its recipient, that is, the mother, with the exception of cases where this right is vested in the father.

How long before you can use maternity capital after a divorce?

You can apply for the use of maternity capital funds immediately after the spouses divorce. Then, for example, when purchasing real estate, the former spouse is not included in the shared ownership. If the application was submitted for the purpose of purchasing real estate using maternity capital before the divorce was filed, then the acquired living space must be registered as shared ownership of the family, including the husband.

Is maternity capital considered jointly acquired property during a divorce?

According to Federal Law No. 256 “On Additional Measures...” maternity capital funds have a designated purpose. Therefore, turning to Article 34 of the Family Code of the Russian Federation, which describes that during a divorce, all jointly acquired property is divided between spouses, except for property and funds for special purposes, it can be argued that when filing a divorce, maternity capital cannot be divided between former spouses.

Is it possible to receive maternity capital if the first child is with the father?

Maternity capital is called this because it is issued in the name of the mother who gave birth to the second, third or subsequent children (if the certificate has never been issued before). Therefore, if a woman gives birth to a second child, and the first one lives with her father, she has the right to submit documents for registration of capital. But provided that the court did not deprive her of parental rights to her first-born child.

Is it necessary to agree with the child’s father on where to spend maternity capital?

The realization of rights to maternity capital belongs to the certificate holder, mainly the mother. She is not obliged to discuss the issue of using funds under the certificate with the child’s father. It can only be her own desire.

Is it possible to receive maternity capital at the place of registration of the father?

It is allowed to submit documents for a certificate at the place of registration of the mother, or at her actual residence. If a woman actually lives at the place of registration of the children’s father, then she has the right to submit documents to the local Pension Fund. The father cannot issue a certificate, with the exception of certain situations when a woman has been deprived of parental rights by a court decision, she has been declared incompetent, or she has died.

Is maternity capital paid to a mother who gives birth to a child without a father?

The certificate can be received by any woman who has given birth to a second, third child or subsequent children (if the certificate has never been received before). Maternity capital is assigned only once. It does not matter whether she is officially married or not.

Can the child's father apply for maternity capital?

The father has the right to apply for a maternity capital certificate only in certain situations. These include: deprivation of a mother's parental rights, death of a woman, recognition of her as incompetent. And also when adopting a second, third or subsequent children.

How to use maternal capital without a father

If a woman who has received a certificate is divorced, she has the right to exercise her rights to maternal capital without the participation of her father. But if she is officially married, then, for example, when purchasing real estate with these funds, she is obliged to allocate a share of this living space to her husband. Or exclude him from shared ownership, but this requires his written renunciation of his share.

Is it possible to buy half of a house from your father for maternal capital?

When using maternity capital funds, real estate purchase/sale transactions between first-degree relatives are prohibited. These include: husband, wife, father, mother, grandmother, grandfather. In rare situations, the Pension Fund may give permission to carry out a transaction, for example, if a relative presents documents stating that after the sale of his living space, he will have a new place to live. But in situations of buying/selling real estate between husband and wife, there are no exceptions.

Is maternity capital required if children are from different fathers?

Assistance in the form of maternity capital is issued to a woman who has given birth to (adopted) a second child, third or subsequent children (the certificate is issued once), regardless of her marital status. That is, she can have a first child from her first marriage, and a second child from her second marriage; this circumstance does not affect the submission of documents to the Pension Fund.

Can a father receive maternity capital if the mother is deprived of parental rights?

The father of the children has the right to submit documents for a certificate if the mother of the family has been removed from raising the children by a court decision. But provided that the father did not lose his rights to his children.

Is it possible to buy a house from your father with maternal capital?

Transactions for the purchase/sale of real estate using capital funds between husband and wife are strictly prohibited. Therefore, it is impossible to purchase a house from the children’s father for money using a certificate.

Can the father of a child receive maternity capital while the mother is alive?

The father of the family can receive a certificate for state support for families with children with a living mother only if the court deprives her of rights to children or declares her incompetent. In this case, all rights to register and sell maternity capital pass to the father.

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 the Pension Fund at his 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 may be the mother’s death certificate or a certificate of her deprivation of 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 father of children can claim maternity 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 receive 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 all the necessary 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.