Decision on the direct payment of IV pension to the entitled spouse

Facts

Within the framework of marital protection measures, the husband was obliged to pay his wife a monthly maintenance contribution of CHF 300. The husband later applied for the revocation of this maintenance contribution, which was however rejected. The wife then applied for the IV office to deduct the maintenance contribution directly from the husband's IV pension and transfer it to her account. However, the High Court overturned this order, as Art. 20 para. 1 GSSLA provides for direct payment only to a person obliged to provide support, but not to a person entitled to maintenance such as the wife.

Considerations

The Federal Court confirmed the interpretation of the High Court. It stated that the wording of Art. 20 para. 1 GSSLA is clear and does not allow for direct payment to the wife. The legislative history and the context with other legal provisions also speak against an extensive interpretation of the norm. The Federal Court therefore saw no reason to deviate from the clear wording, as this would be an arbitrary application of the law.

Finally, the Federal Court also rejected the complainant's allegations that the literal…