Unemployed husband
Advice from lawyers:
1. I am unemployed, my husband works! I am 7 months pregnant, is it possible to get maternity leave from my husband?
1.1. Hello! No, according to the Federal Law of December 29, 2006 N 255-FZ (as amended on July 3, 2016) “On compulsory social insurance in case of temporary disability and in connection with maternity,” this benefit can only be paid at your place of work.
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1.2. Hello. Yes, you can get it at your husband’s work if he works officially. All documents will need to be submitted to the employer’s accounting department.
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1.3. Men don't give birth, so no. The husband has the right to receive a one-time allowance for the birth of a child and a monthly care allowance for up to 1.5 years. Regional laws may provide for other payments, contact social security.
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2. At work I was given notice of layoff. They didn’t look at the fact that I have 2 children under the age of 14 and an unemployed husband. The employer does not look at those who came later. Why were they hired new ones, and the old employees were given redundancy notices?
2.1. Hello, complain to the labor inspectorate and the Prosecutor's Office regarding the violation of labor laws against you.
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2.2. If your position is exclusive, then neither the preemptive nor the priority right to remain in work is considered. And if a reduction in numbers is made for the same position, then employees with higher qualifications and labor productivity have priority to remain at work. Work experience at the company does not matter.
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2.3. Hello, you need to appeal the actions of your employer. Persons with higher qualifications have a priority right to remain employed. Thank you for choosing our site, all the best, goodbye.
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3. How (from what amount) should my unemployed husband pay child support: from the average salary in the country, which is approximately 35,000 rubles or the same 25% of the minimum salary in our region?
3.1. How (from what amount) should my unemployed husband pay child support: from the average salary in the country, which is approximately 35,000 rubles or the same 25% of the minimum salary in our region? Good afternoon In your situation, the bailiff will issue a ruling on the recovery of average earnings in the region. All the best!
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3.2. How should my unemployed husband pay child support (from what amount): from the average salary in the country, which is approximately 35,000 rubles or the same 25% of the minimum salary in our region? based on average earnings in the region, or you can apply for alimony to be established in the Customs Union.
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3.3. The amount of debt for alimony paid for minor children in shares of the debtor's earnings is determined based on the earnings and other income of the debtor for the period during which alimony was not collected. If the debtor did not work during this period or documents on his income for this period were not submitted, then alimony arrears are determined based on the average salary in the Russian Federation at the time of debt collection.
As an option, you can legally change the amount of alimony to a fixed amount, which will be calculated based on the cost of living for a child in the Republic of Belarus, this is approximately 1 thousand rubles. will be more than a quarter of the 35 thousand average salary.
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4. 2.5 years ago I was in an accident, the culprit of the situation was me. the amount of damage was estimated at 182,600, my insurance could only cover 120 thousand rubles. The accident occurred in May 20014, a claim came in August of the same year, to which I did not react in any way. And after this time, I received a notice to the court about compensation for the difference, i.e. 62600. I am unemployed, my husband is also unemployed. Tell me what information needs to be collected, what to press in court, and in general what to do next.
4.1. Hello. You have the right to write an application for an installment plan or deferred payment.
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4.2. Due to your difficult financial situation, the court may reduce the amount of damage; provide the court with certificates from the employment center.
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4.3. Next, you need to prepare for the fact that this difference will still be collected by the court. But after that, you collect information in order to submit an application to the court for an installment plan or deferment of the execution of the court decision.
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5. How will they collect alimony from an unemployed husband?
5.1. They will sell his property, Irina. Have a nice day.
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5.2. In a fixed amount of money.
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5.3. Not until he has income or property that can be sold.
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6. Is it possible to apply for alimony for an unemployed husband while still married? What documents are needed and where to submit them if he is already paying a child from his first marriage? Is it advisable to do this if he has a debt of several hundred thousand rubles in alimony for his first child (I am afraid for the property acquired jointly with me during marriage, which may be identified during the showdown and confiscated to pay off alimony debts from his first marriage) ?
6.1. You can file a lawsuit at your location, because... the child is with you. You need a birth certificate for the child, whether it is advisable to do this or not is up to you, but he has such a responsibility, including the maintenance of the second child.
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6.2. You can submit it. But if it doesn't work, then it won't give you anything. In this case, property may also be damaged and he may be subject to criminal liability. A claim for alimony must be filed in court.
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6.3. It’s not clear: Is your goal to collect alimony or a way to protect jointly acquired property from the actions of the OSB?
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7. I am unemployed, my husband will have a third child, we were told that we don’t even have to pay for child care, they won’t pay for maternity capital, we are also not entitled to it. Help me what should I do?
7.1. You are entitled to maternity capital if you are a citizen of the Russian Federation.
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7.2. I am unemployed, my husband will have a third child, we were told that we don’t even have to apply for child care payments, they won’t pay - there will be no child care payments. We are also not entitled to maternity capital. -don’t listen to essays. MK will be issued for you.
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7.3. Maternity capital must be paid to you by the Pension Fund of the Russian Federation at your place of residence; You are also entitled to regional payments for the birth of your third child...
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8. I want to know how much my former unemployed husband must pay alimony for his five-year-old child if the cost of living in Volgograd for an unemployed person is 5,755 rubles. He pays the child 25% of this amount, is this correct?
8.1. Margarita, you need to go to the magistrate’s court with a claim to collect alimony from your BM in a fixed amount, but only then will he pay the amount based on the cost of living in your region. If you need help in filing a claim, write to uk. below email address, send a scanned version of the decision on alimony, we’ll draw up everything.
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8.2. Alimony is definitely a fixed amount, but I wouldn’t limit myself to the subsistence level! Costs for a child are halved! (the only thing that needs to be proven)
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8.3. Hello. For the maintenance of one child, deductions must be made in the amount of 25% OF ALL income. How much specifically - find out from the bailiff who is in charge of your spouse’s case. If you think that this amount is small for you, and your spouse is able to allocate more for the maintenance of the child, you need to go to court to claim alimony in a fixed amount. If you need help, please contact (8-917-837-61-69)
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9. I registered my husband for the central registration center on April 15, 2020 due to the following reasons: the site was constantly not working. , (Husband was fired on 04/01/20). But only on April 25, 2020, an employee from the Central Employment Center called and said that her husband would be given the status of unemployed on April 28, 2020, and regarding the benefits, she said that they would start transferring only from April 25, 2020. Is this correct? After all, money is lost from 2 to 4 weeks?
9.1. The decision to recognize an able-bodied citizen registered for the purpose of searching for a suitable job, who does not have a job or income, as unemployed is made by the employment center at the citizen’s place of residence no later than 11 days from the date of submission of the application in electronic form (clause 8 of the Temporary Rules for Registration of Citizens for the Purpose of Search suitable work and as unemployed, as well as the provision of social payments to citizens recognized as unemployed in the prescribed manner, approved by Decree of the Government of the Russian Federation of April 8, 2020 N 460). If you submitted the application on 04/15/2020, the period begins to run from 04/16/20 and ends on 04/26/20 (the day the decision was made by the Center for Significance), but this is Sunday, which means the deadline is 04/27/20, but not 04/28/20.
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9.2. Good afternoon! The decision to register as unemployed must be made no later than 11 days from the date of presentation of the necessary documents. The decision to grant unemployment benefits is made simultaneously with the decision to recognize a citizen as unemployed.
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10. The unemployed husband received an order from the court that, from September 28, 2018, he needs to pay alimony of 1/4 of all types of income in favor of my son. A dispute arose about exactly what amount and when he should pay and where. I don't know and he doesn't know. There was no writ of execution.
10.1. Hello! Receive a writ of execution and bring it to the bailiffs. If the child’s father is unemployed, child support will be calculated based on the average salary in the country.
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10.2. Instead of a writ of execution, there is a court order. This is also an executive document based on which the bailiff initiates enforcement proceedings. If he is unemployed, then they will charge 25%. from the average salary in the country. (it is approximately 11 thousand now)
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11. I collected all the documents and submitted them for a housing subsidy. My husband, me and two young children live in 1 apartment. My husband is unemployed and is not in the employment center; he was fired a couple of years ago. At the MFC, an employee told me that they would refuse me a subsidy due to amendments to the social code. Why, because my husband does not work, do they not provide a subsidy for housing and communal services? How were subsidies used to be given to women with unemployed husbands?
11.1. Hello. Yes unfortunately. After the crisis appeared in our country, subjects began to save more. And primarily on children and the elderly. And the unemployed are denied subsidies. There is probably some truth in this. If it doesn't work, it means it doesn't need it. Why, in this case, should the state help? All the best to you and successful resolution of your problems.
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11.2. Hello. You are wrong. They have never given subsidies like this if one of the able-bodied adult family members was not employed. And if they did, it was only because they provided “fake” certificates - this was easier before.
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12. I want to know how to file for divorce, the package of documents and where to apply. I live in the city of Novocheboksarsk, I have three children, all of them underage, I’m tired of supporting my unemployed husband and listening to scandals...
12.1. Hello. You need to apply to the magistrate’s court at your husband’s place of residence with a statement of claim. The statement of claim is drawn up according to the rules of Article 131-132 of the Code of Civil Procedure of the Russian Federation.
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12.2. Good day! Contact the magistrate at the place of residence of your spouse, or if minor children live with you, at your place of residence. Please attach your marriage certificate, children’s birth certificate, and receipt of paid state duty to your application.
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13. I got into an accident, I am the culprit and did not have a compulsory motor liability insurance policy, I admit my guilt, but there is no way to pay off the entire amount now, I am low-income, have two small children and an unemployed husband, if the case is resolved in court, what payments will I face? And can the bailiffs sell the garage that I own to pay off the debt?
13.1. If the injured party applies to the court with a claim to recover the amount of damage, which will be documented and not disputed by you, then the court will make a decision to recover the amount. You can apply to the court for an installment plan for the execution of the court decision; in this case, the bailiff will not impose an arrest.
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13.2. Hello. In court, you can submit a petition for a deferment or payment in installments under Article 203 of the Code of Civil Procedure of the Russian Federation. 1. The court that has considered the case, upon applications of the persons participating in the case, the bailiff, or based on the property status of the parties or other circumstances, has the right to postpone or defer the execution of the court decision, change the method and procedure for its execution. 2. The applications specified in part one of this article are considered at a court hearing. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to the consideration and resolution of the issue raised before the court. 3. A private complaint may be filed against a court ruling to defer or install the execution of a court decision, or to change the method and procedure for its execution.
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14. I have one child, 7 years old, in the birth certificate there is a dash in the father column. I am expecting my second child, but I am not married to the child’s father. I am unemployed, my husband (civilian) works officially. What benefits should we expect for our second child? I reckon with the first one as a single mother.
14.1. Hello! Child birth allowance, child care allowance up to 1.5 years old, maternity capital. You also need to find out from social security whether there are any regional payments. Good luck to you and all the best!
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14.2. Good afternoon, Usual benefits: financial capital, one-time assistance at birth, child care, maternity benefits - the minimum for the unemployed.
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15. How (from what amount) should my unemployed husband pay child support: from the average salary in the country, which is approximately 35,000 rubles or the same 25% of the minimum salary in our region (Bashkortostan)?
15.1. Must pay based on the average salary in the region, today about 7,500 rubles per child. But you can recover it in hard cash based on the subsistence level in the Republic of Belarus—Article 83 of the Code of the Russian Federation—research.
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15.2. Hello! If you do not work or do not officially work, then you will be in arrears for alimony, based on the average salary in Russia.
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16. I am a citizen of Ukraine with a residence permit, unemployed, my husband is a citizen of the Russian Federation, a child is born, and in order to receive a one-time benefit from my husband’s work, a certificate from the social security service of which state must I provide stating that I have not received benefits from Ukraine or Russia? I live permanently in Russia.
16.1. Hello Elena If you have a residence permit, then take a certificate from the social network. protection in Russia Thank you for visiting our website. Always happy to help! Good luck to you.
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16.2. You need to provide a certificate from social security or your employer from Russia, of course, and not Ukraine. Good luck and all the best to you.
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17. I would like to know what kind of financial assistance I could expect in the Omsk region? I am a mother of three children (the children are all studying), unemployed, my husband earns 8,000-10,000 rubles.
17.1. Hello! Contact the social security authorities and inquire about payments.
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17.2. Hello! The social protection department can tell you everything you need to know, so contact them. Since such payments are regulated by regional legislation, and we, unfortunately, do not always have access to it.
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18. I am married, unemployed, my husband too, for the last 2 months I have not paid on 2 loans that were taken out with my consent. The husband lives and is registered with his parents. I live and am registered with my retired mother, the apartment is registered in her name, and there is also a one-room apartment in her ownership. Is there a possibility that if we cannot find funds to pay in the near future, the bank may take away the apartment through the court?
18.1. Enforcement measures are: foreclosure on the debtor's property, including cash and securities; foreclosure on periodic payments received by the debtor due to labor, civil or social legal relations; foreclosure on the debtor's property rights; seizure of the debtor's property, etc. In addition, travel abroad may be limited.
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18.2. Hello, Olesya. If you do not have the opportunity to pay everything at once, in no case should you pay the late payment in installments. From your payment, all penalties and fines are first paid off, and then the pennies are counted towards the payment of the debt. For the rest of the debt they begin to charge penalties again. With each payment you renew the period (3 years) during which the bank can accrue interest on penalties. Wait for the trial, this is the safest option for you, especially since the trial and the amount of the fine can be reduced. As for the apartments, they are not your property, and the bailiff will not do anything with them, he can describe the property in them, if the mother does not prove that it belongs to her. According to the Code of Civil Procedure, the only housing is not subject to seizure and sale.
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19. My child is sick with acute root pneumonia, the child is three years old. I’m in the hospital with my child, I’m a military woman. My boss demands that my unemployed husband stay in the hospital with the child. Are my boss's actions legal?
19.1. Hello! Unlawful. But if the husband is unemployed, he could take care of a sick child.
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19.2. Hello! Sick leave is issued to the person who actually cares for the child. Your entire absence from the workplace will be covered by sick leave and no sanctions can be applied to you. The legislation of the Russian Federation does not provide for recall from sick leave.
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20. Question about child care benefits for children up to 1.5 years old. I am unemployed, my husband works. We are a member of the official Married, but we don’t live together and don’t communicate. I'm unemployed. Can I receive this benefit? And what certificates are needed? I would like to do without my husband.
20.1. - Hello, you can’t do without it. Not divorced yet. All the best.
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20.2. Hello! You can get it, but you need a certificate from your spouse’s work that he does not receive this benefit. Without it, benefits will not be calculated.
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I am unemployed, my husband has been on leave without pay for more than three months, I will give birth in a week and we will need to collect documents for benefits after the birth,
I have my first child from my first marriage - I receive alimony for him. My second child is about to be born; my husband and I are not registered.
Please, can I ask for a deferred payment for 30 months, with a salary of 17 thousand,
What alimony should an unemployed husband with group 3 disability pay me? I applied for 1/4 of his income.
How to correctly write a statement of claim for payment of alimony from an unemployed husband for two children.
Can the lack of income of one of the family members (husband) be a reason for refusing to recognize a family as low-income and in need of improved housing conditions?
When the husband is unemployed
Advice from lawyers:
1. Who needs to take custody of children. Officially working husband or unemployed wife.
1.1. Children must be taken under the guardianship of Article 32 of the Civil Code of the Russian Federation by an officially working husband.
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2. I wanted to know if the husband pays for his wife’s travel? If she is unemployed.
2.1. Hello, this question needs to be clarified with my husband’s employer. Each organization has its own internal local regulations, which also regulate compensation for travel to and from a vacation spot. The husband needs to contact the HR department to become familiar with the local regulations of the enterprise.
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3. If the husband is disabled and unemployed, is his travel paid from his wife’s place of work?
3.1. Yes, travel is paid.
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4. Ekaterina (9111. Ru): Good afternoon. The ex-husband pays child support 25% of wages through the bailiff. Now his company has been closed and he is left without a job. I ask the bailiff how alimony will now be calculated, she says, from a bank card, by voluntary payments. Until he finds another job. Is the bailiff right? And isn’t alimony for an unemployed person calculated based on the average salary in the country?
4.1. Good afternoon In this case, the FSSP body must send the ex-husband to the employment center, and while he is looking for work, they will withhold 1/4 of the unemployment benefit. Or he will voluntarily transfer alimony to you on his own, confirming this with the FSSP authority with payment documents. Otherwise, arrears of average wages will accumulate, as you mentioned.
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5. An LLC was registered in my husband’s name and is the general director, but he was given a certificate from work stating that he did not receive a one-time child care allowance; the social security service does not accept the certificate and refuses to pay his mother this money as an unemployed person.
5.1. Receive a WRITTEN refusal and appeal in court. Sincerely, lawyer in Moscow - Stepanov Vadim Igorevich.
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6. My husband is the founder of an HOA, which is in the process of liquidation. The husband submitted documents to the labor exchange, but was denied registration as unemployed, citing the reason that he was the founder of an HOA. Are the actions of the employment center employees legal?
6.1. That's right, he is busy.
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7. The question is where and how to get a certificate of income for 12 months (for child benefits). I have never worked and I don’t have a work permit. My husband has been working officially for 6 months; before that he was unemployed for more than a year. Where should we go for certificates, or what can we replace these certificates with?
7.1. Good evening, your husband can take a certificate of income from the employer, it should be enough to receive benefits, he can also present a certified copy of his work record book to show that he has not worked for a year and is not able to calculate income for 12 months.
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8. A neighbor is selling a plot of land for 1100 thousand rubles, mat. capital is 466 thousand rubles. My husband takes out a mortgage because... I am unemployed, we use mat capital for a down payment. After purchasing a plot, do I have the right to a share of this plot?
8.1. Plot with a house? You can use MSK for the purchase or construction (reconstruction) of residential premises. In any case, you will not be left without a share in property acquired using MSC funds, because The certificate applies to the whole family (mother, father, children)
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9. Are we entitled to an allowance (from 3-7 years old) for a 5 year old child? If I am an individual entrepreneur on imputation since 2020, and my husband is officially unemployed. Novosibirsk
9.1. It doesn't matter who works here. And who doesn't. The payment depends on the average per capita income, as well as the cost of living in your region. Submit an application through State Services and find out whether you can count on it or not.
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10. My husband and I are unemployed and receive a minimum benefit: I am 1200 (now increased to 4200), my husband is 1500, we have 3 children. And they haven’t even heard of a child benefit of 3,000, they say at the Center for Labor Protection. Tell me, how can you live in an apartment and receive such a meager allowance?
10.1. All unemployed people receiving a minimum benefit of 1,500 rubles should receive a minimum benefit of 4,500 rubles in May-July 2020; all unemployed people with minor children will receive increased unemployment benefits in June-August (at the rate of 3,000 rubles for each child). You have the right to appeal the absence of recalculation of benefits in the order of subordination, as well as to the prosecutor's office and to the court.
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11. My husband quit his job during the pandemic (May). I contacted the employment center. The documents were accepted and your unemployed status was confirmed. Everything was processed through State Services. We've been waiting for the first payment for a month and a half! Every time funny excuses. Either they transferred the money, then they didn’t, then they were on vacation, then they checked the data... In short, it’s absurd. What should I do? Is there an effective method?
11.1. Ekaterina, go to court.
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12. I am an individual entrepreneur, I have not made contributions to the Social Insurance Fund, my husband is unemployed. I am pregnant. Is he entitled to contributions through social services? Child care protection?
12.1. I answered you earlier that if you did not enter into an agreement with the FSS, then unfortunately you do not have the right to maternity benefits. As for your husband’s right to receive child care payments through social security, non-working citizens have the right to receive benefits for up to 1.5 years , it is paid monthly in the amount established by the Government of the Russian Federation as the minimum. This is about three thousand rubles.
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13. My husband’s salary account was seized by the magistrates, if 10,200 of this amount of debt is immediately withheld from his salary, then we will be left without money at all, especially since I don’t work, I was registered as unemployed, now I have gone on maternity leave, especially with such a situation in the country there is no work left and without maternity payments, is it possible to somehow agree so that the entire amount is not taken away at once, we still have a mortgage.
13.1. It won't be possible to reach an agreement. Most likely 10,200 it was a court order that was issued by the magistrate. Then the court order was sent to the FSSP for execution. You need to go to the bailiffs, take a certified copy of the resolution to initiate enforcement proceedings and a copy of the court order, and write an objection to the court that issued this court order on the basis of Article 129 of the Code of Civil Procedure of the Russian Federation.
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14. My husband was assigned a free traffic accident examination since he is unemployed. But at the last moment, the expert on the phone said that if the husband does not pay 12,800, there can be no talk of any examination. It turns out he is ignoring the court. Or he pretended to be a fool. Can we file a complaint in court against him and demand a re-examination and is this not an extortion of money on the part of the expert? Thank you.
14.1. Galina, hello. The expert's claims are unlawful. According to paragraph 2 of part 2 of Article 85 of the Civil Procedure Code of the Russian Federation, an expert or forensic institution does not have the right to refuse to conduct an examination assigned to him within the time period established by the court, citing the refusal of the party to pay for the examination before it is carried out. If a party refuses to pre-pay for the examination, the expert or forensic institution is obliged to conduct an examination appointed by the court and, together with an application for reimbursement of expenses incurred, send the expert's opinion to the court with documents confirming the costs of conducting the examination, for the court to decide the issue of reimbursement of these expenses to the appropriate party, taking into account the provisions of part one of Article 96 and Article 98 of the Code of Civil Procedure of the Russian Federation.
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15. I have already started receiving payments for a child from 3 to 7 years old, since I work alone and the subsistence minimum is only enough for me; my husband is unemployed. In the near future he wants to go to serve under a contract, the question is: if he goes into the service and the subsistence level is enough for all family members, will they stop paying me benefits from 3 to 7 years for this reason?
15.1. When income exceeds the subsistence level for each family member, these payments will be stopped.
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16. The husband was registered with the Central Bank from 11.03 to 11.06. He was assigned the status of unemployed and received the minimum wage. Now the recalculation to 4.5 was refused, they say that the resolution came into force on 13.06. But he was no longer registered. They are right?
16.1. No they are wrong. The resolution actually came into force on June 13, but it clearly states that the minimum benefit in May-July is 4,500. Therefore, employment center employees are required to recalculate.
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17. I applied for child benefits from 3 to 7 years old and I wanted to know that my husband has not been working since 2013 until now, do I need to submit some kind of paperwork that he is unemployed?
17.1. Good afternoon. Payment from 3 to 7 years (for April May) is paid to the child regardless of the parents’ employment.
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18. Submitted applications for payment of benefits from 3 to 7. There is no result yet. The husband is unemployed. If he registers with the employment center, will we be denied payments? My official salary is 20,000 and my husband’s pension is 3,200.
18.1. No, they won't refuse. Also, how can an unemployed person receive 3 thousand per child monthly?
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19. I live in Engels, Saratov region. registered with the Central Employment Center on May 22, 2020 as unemployed. An allowance of 1,500 rubles was assigned. The payments were 533 rubles and 1,067. There was no promised child benefit. 07/02/2020 was re-registered. My husband was registered in June and was given an allowance of 4,500 rubles. When should I expect recalculation and payment of benefits? And am I entitled to a child benefit of 3,000 rubles?
19.1. Must receive benefits within three days from the date of re-registration. 3000 per child is paid to one of the spouses if both receive unemployment benefits.
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20. We are a large family, our daughter got married at the age of 16, there are children aged 14 and 13 years old and the eldest daughter is 18 years old but a student, I was denied social security in the food package, they said that we are no longer a large family, my husband is listed at the labor exchange as unemployed, I don't work.
20.1. That’s right, you are no longer a large family. You only have two children left, 13 and 14 years old. Of course, you can appeal the refusal of Article 4 CLAS of the Russian Federation in court, but the court will not be on your side.
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My husband is unemployed, he joined the stock exchange 10 days ago, he had not worked before.
I am a citizen of the Republic of Belarus, I receive a residence permit, my husband is a citizen of the Russian Federation. What benefits and benefits can I receive for pregnancy?
On May 21, 2020, I submitted an application for benefits from 3 to 7 years, I myself have been in the central labor force since April, my husband was fired on 14.
I have never worked, I am caring for a child, I have been assigned an allowance for up to 3 years of age for a child from mat capital.
The husband does not work, has been registered as unemployed for more than a year and no longer receives benefits.
In June 2020, my daughter left her husband’s place of service due to graduation from the military academy.
My ex-husband is registered as unemployed, but I do not receive alimony. (debt for alimony over 700,000).
The husband has been declared unemployed since May 18, but unemployment is not paid. How much child support should he pay for the month of May?
A question. I received a refusal to pay for a child aged 3 to 7 years; before quarantine, my husband and I worked informally.
If I am unemployed and on the labor exchange, and my husband has been self-employed since January 2020, are we eligible to receive benefits from 3 to 7 years.
My husband and I are unemployed, we are not registered with the Central Employment Service, we have a minor child, please tell me if we have the right to any payments, social support..?