Facts
A., born in 1970, was married to B., born in 1966, from 1997 to 2007. Due to a chronic paranoid schizophrenia, B. has been receiving a full disability pension from the Disability Insurance (IV) as well as a supplementary pension for the spouse and a child's pension for their common son since November 1, 1999. In the context of the divorce in 2007, it was ordered that a portion of the disability pension as well as the child's pension be paid directly to A. In August 2014, the IV office determined that B. had been earning income that would have excluded him from receiving a pension since 2005, without reporting this to the Disability Insurance. As a result, it revoked his pension entitlement retroactively to December 31, 2004 and demanded the benefits that had been paid unjustly to B. and A. since June 2010.
Considerations
The Federal Supreme Court decided that A. is not obliged to reimburse the portion of the disability pension that was rightfully paid to her until May 31, 2013 based on the divorce judgment. The civil court order for third-party payment precludes a…