Can I claim old child benefit?

Can I claim old child benefit?

"My parents divorced when I was a baby. My father received my child benefit for almost 12 years without ever paying it to me. Now I'm 22, can I still claim them?

Ana, Geneva

Family allowances are paid to people with one or more dependent children. They are intended to contribute to the financial costs of supporting children and must be used exclusively for this purpose. Family allowances are paid at cantonal level. In Geneva, under the Family Allowances Act (LAF), child benefit is paid monthly until the child reaches the age of 15, or even 18 in some cases. The person entitled to child benefit is the person who has custody of the child, exercises parental authority over the child or is primarily responsible for the child's long-term maintenance. If several people share these roles, the person with custody rights receives the allowance.

When a child is in the care of both parents, it is the working parent who receives child benefit. If both parents work, they determine which parent receives the benefit at the time the entitlement arises, often when the child is born. The claimant must provide all the necessary documents to prove entitlement.

In your case, your father received child benefit even though your mother apparently had custody of you. Under article 285 of the Civil Code, family allowances must go to the person required to provide maintenance for the child and must be paid in addition to the maintenance contribution. If your parents' divorce decree has set such a contribution, your mother may sue your father for payment of the supplement that he has failed to pay her, i.e. the family allowances that he has received. The statute of limitations for such an action is 5 years (art. 128 of the Code of Obligations). She could also apply directly to the fund, but it is unlikely that the fund will intervene in a dispute between your parents, especially as art. 12 of the Family Allowances Act (LAF) states that the right to claim restitution of benefits received without entitlement is time-barred after 2 years from the date on which the benefits fund became aware of the facts, but no later than 5 years after the undue payment.