Who first wrote the application — and the money. The dispute between the parents in the Urals, which provoked a discussion about the mechanism of payment of child allowances. The inhabitant of Chelyabinsk has discovered that her ex-husband had the time to make this one-time assistance before her. Sent all the data for two children to the Pension Fund almost immediately after the decree of the President.
Technically has the right, the system allows you to apply any of the parents. That’s just in this case there is a problem. Father no longer interested in the life of a son and daughter, the family does not help. Including doesn’t even pay required by law alimony. So the ex-wife fears that state aid is now unlikely to reach its recipients.
but the dexterity with which the man drew up the documents, she sees not only as an attempt to profit at the expense of their own children. Mother complained about the unfairness of the Commissioner for the rights of the child. Also check decided to spend in the Chelyabinsk Prosecutor’s office.
Their love boat proved to be unstable and crashed on the rocks of life. From the former family at the hands of Olga stayed a certificate of dissolution of marriage and two children, ages four and seven. She doesn’t want to show his face, because as a mother protects the interests of children, even if to protect their account from his own father.
“Ex-husband filed for payment of previously me, this is what I learned from him, he just sent me a photo that his statement was in the RPF, I filed after him, that is, it is still I have not registered”, — says Olga, the mother of the children who failed to make a lump sum payment.
And likely never will be. After divorce kids live with Olga, was there. Despite this, the ultimate recipient of the money will still be having children father.
“In accordance with applicable law, the funds will be transferred to the account of the parent who first applied,” confirms Helen weaver onhead of Department of organisation purpose of pay and pensions branch of the Pension Fund of Russia in the Chelyabinsk region.
a Lump sum of 20 000 roubles for two offspring, plus a monthly allowance to children from 4 to 7 years. You will reach the money in the end to those whom they were intended — the question podvisli in the air.
“speaking generally about the situation and about the risks we see that they, of course, is, and probably it is important that these payments were available to those parents who educate and include children. To date no such mechanism. I from their colleagues also get information about what they are getting complaints from parents, so this is not isolated cases,” — says Yevgeny Mayorov, the Commissioner for the rights of the child in the Chelyabinsk region.
the Legal conflict, to obtain money any parent is entered in the birth certificate and not deprived of parental rights, thus do it with the kids, helps them financially, or not contacted at all — is not important.
“If from the very beginning to set the rules, will cause such a situation. For its part, I’m ready to send a letter to the Government and to report on such conflicts. I believe that the pension Fund must suspend such payments until the clarification of circumstances”, — said Margarita Pavlova, member of the Federation Council Committee on social policy.
Obviously, if requests simultaneously sent from both parents — it should be wary because the former spouses, to preserve friendly relations, hardly not discuss this step with each other. Another question, on whom should be assigned the responsibility of checking such situations.
“I think may be the solution that our government will publish a decree according to which, the situation when the application is received from both parents, they must deal in manual mode, for example, the same regional ministriesand social security”, — said Ekaterina Vinokurova, a member of the Council on human rights under the President of the Russian Federation.
But even now, the situation of the parents faced with tyranny by the former spouse is not hopeless, because the grounds for filing a claim in court, more than enough.
“It’s unjust enrichment, and, if indeed the money was received by the parent and the second parent with whom the children live, the money was not transferred is the reason to go to court with a claim for recovery of unjust enrichment,” assured Maria Yarmush, the lawyer.
And it is important to remember, payments to state-sponsored targeted, and designed to meet the needs of children, to spend them on, the parents do not have rights.
