Payment of child's pensions to the divorced spouse of the pension beneficiary

Facts

By order dated 26 January 2000, the IV-Stelle Schaffhausen awarded J., born in 1954, a full disability pension from 1 February 2000 onwards. At the same time, it ordered the payment of the child's pension belonging to the father's pension to the mother of the common son T. On 24 February 2000, the IV-Stelle granted J. a half disability pension retroactively from 1 November 1997 and a full disability pension from 1 February 1999. According to two orders also issued on 24 February 2000, the corresponding child's pensions for son T. and daughter D. were to be paid to the mother.

The High Court of the Canton of Schaffhausen dismissed an appeal, among other things against the payment of the child's pensions to the divorced spouse, by decision of 22 June 2001. J. then filed an administrative court appeal, requesting that the child's pensions be paid to him and not to his divorced spouse.

Considerations

The Federal Insurance Court holds that the payment of the child's pensions to the appellant's divorced spouse is not objectionable, neither with regard to the current child's pension nor with regard to the retroactive payment of child's pensions. This results from the case law applicable until the end of 2001, according to which the child's pension can be paid to the non-entitled parent if he or she has parental custody of the child and the child lives with him or her.

The fact that Art. 285 para. 2bis of the Swiss Civil Code (ZGB) entered into force on 1 January 2000 and the maintenance contribution is reduced by law to the extent of the child's pension does…