Can SS Child in Care and FRA strategy increase my daughter's reduced family maximum benefits?
I've been receiving Child in Care benefits for about 3 months now (I'm 59) and noticed something frustrating about our payment amounts. Both my daughter and I are getting $515 less per month than what we're entitled to because we're hitting the family maximum limit. I've been trying to figure out if there's a way to maximize what we receive, and yesterday a Social Security rep suggested something interesting that I want to verify with others who might have experience. Here's my situation: When I reach my full retirement age (FRA), could I file for my own SS retirement benefits first, and then apply for the spousal top-up? The rep suggested this might reduce how much is counted against my husband's family maximum, potentially allowing my daughter to receive her full benefit amount. For example (with our actual numbers): - My husband's PIA is $4,150 - My daughter and I are each entitled to about $2,075 - Family Maximum is $7,255 - After subtracting my husband's PIA ($4,150), there's $3,105 left for my daughter and me - This means we each only get about $1,560 instead of $2,075 (about $515 reduction each) But here's what the rep suggested might work at my FRA: If I could get around $1,100 on my own work record and $975 as a spousal top-up, then the family maximum calculation might change: - Only the $975 spousal portion would count against the family maximum - This would leave $2,130 for my daughter ($3,105 - $975) - Since my daughter is only entitled to $2,075, she'd get her full amount Is this correct? Has anyone successfully used this strategy to maximize benefits when hitting the family maximum?
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Ryan Young
This is a smart approach and your understanding is generally correct. When you reach FRA and file for your own retirement benefits first, only the spousal top-up amount counts against the family maximum, not your entire benefit. The family maximum limit applies differently when one beneficiary receives benefits on their own record plus a partial benefit on another's record. The technical term for what you're describing is called "deemed filing" which works differently at FRA than it does before. At FRA, you have more flexibility to separate these applications strategically. Your formula looks accurate based on the numbers you've provided. I had a similar situation with my late husband's benefits and was able to increase what my son received by filing on my own record at FRA.
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Samantha Hall
•Thank you so much for confirming! I was worried the rep might have misunderstood what I was asking. One follow-up question - do I need to apply for my own benefits and then the spousal top-up on the same day, or should I do them separately? The rep wasn't clear about the timing.
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Sophia Clark
Theres a big issue ur missing tho!!! If u take ur own SS at FRA u get 100% of ur PIA but if u wait til 70 you get 132%!!! So u might be leaving money on the table long term by taking ur own benefit earlier. How old is ur daughter? How long will she be collecting?
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Samantha Hall
•That's a really good point I hadn't considered! My daughter is 14 now, so she'll be collecting for about 4 more years. I need to figure out if the increase in her benefits for 4 years would outweigh what I'd lose by not waiting until 70 for my own benefits. Hmm, this makes the decision more complicated.
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Katherine Harris
Your calculation looks sound to me. I want to add some important context that might help others in your situation: This strategy works specifically because of how the family maximum formula is applied when benefits are drawn from different records. The key technical detail: when you receive benefits on your own work record, those benefits don't count against the family maximum on your husband's record. Only the spousal top-up portion counts. I'd recommend getting this confirmed in writing from SSA before you reach your FRA, as some representatives may not be familiar with this specific calculation. When I worked at SSA, we often saw confusion about family maximum calculations, especially in cases like yours. One thing to verify: make sure you're using the correct family maximum amount. The family maximum is typically 150-180% of the worker's PIA, but the exact formula has breakpoints that can affect the calculation.
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Madison Allen
•My SSA rep told me the exact OPPOSITE of this last year!! He said that ALL of my benefits would count against the family max, not just the spousal portion. I'm so confused now and this could be costing my kids hundreds every month!! How do I get them to fix this??
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Madison Allen
I tried something like this and it was a COMPLETE NIGHTMARE dealing with social security!!! Three different reps told me three completely different things about how the family maximum works. One said yes, one said no, one said "maybe" but couldn't explain how it would work. I spent HOURS on hold and got disconnected constantly. Still don't have a straight answer 8 months later!!
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Joshua Wood
•I had the same issue trying to reach someone knowledgeable at SSA about family maximum calculations. After weeks of failed attempts, I finally used Claimyr (claimyr.com) to get through to a representative without the endless hold times. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Finally got connected to someone in the right department who could actually explain how the family maximum would apply in my specific circumstance. Definitely worth it when you need a complex question answered correctly.
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Justin Evans
my daughter got less than she should of because of family max until i turnd 66 and switched to my own benifits. evry thing your saying is right but watch out they might not automatically increase your daughters amount you have to call them and remind them to do it at least i did
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Samantha Hall
•Thank you for that tip! I'll definitely make a note to call them immediately after I file for my benefits at FRA to make sure they adjust my daughter's amount correctly. It's frustrating that they don't do these adjustments automatically.
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Emily Parker
I think you're overthinking this. The family maximum is the family maximum - it doesn't matter how you split it up, you can't get more than the maximum amount. That's the whole point of having a maximum. If there was a loophole like this, everyone would be using it. Besides, the real question is whether you should be taking benefits at all right now if you're still working. If you earn over the earnings limit, they'll just take back a lot of what they pay you anyway.
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Katherine Harris
•You're actually incorrect about this. The family maximum does work differently when benefits are drawn on different records. When someone receives benefits on their own work record, those benefits don't count against the family maximum on another person's record. Only the spousal top-up portion would count against the husband's family maximum. This isn't a loophole - it's how the system is designed to work when benefits come from multiple sources. The original poster's strategy is technically sound, though the timing depends on their specific circumstances.
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Samantha Hall
I just got off the phone with yet another SS representative who gave me completely different information! She said that when I file for my own benefits at FRA, my daughter's benefit won't automatically increase - I'd need to specifically request a recalculation. She also mentioned something about my benefit amount being partially affected by the Windfall Elimination Provision because I worked for a state government for 8 years, which the previous rep never mentioned. I'm so frustrated with the inconsistent information. Has anyone successfully navigated this specific situation with child-in-care benefits and family maximum limits?
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Ryan Young
•The new rep is correct about needing to request a recalculation - they don't automatically adjust other family members' benefits when your benefit source changes. Regarding WEP - that only applies if you earned a pension from work not covered by Social Security (some state/local government positions). If your state job was covered by Social Security and you paid SS taxes on those earnings, WEP wouldn't apply. If you did earn a non-covered pension, though, that would significantly change your calculations. I suggest requesting an appointment with a Technical Expert at your local office who specializes in complex cases. They have more training on these intricate claiming strategies than the regular phone representatives.
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Sophia Clark
ANYBODY dealing with SS should know they ALWAYS mess up family maximum calculations!!!! I had to fight them for 6 months and finally got backpay for my kids of over $7000 because they calculated wrong from the beginning!!!! KEEP FIGHTING!!
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Justin Evans
•same here they shorted my daughter almost $400 a month for almost a year before i got it fixed. the problem is gettin thru to talk to someone who knows what there doing
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Katherine Harris
To summarize the key points for anyone else with a similar family maximum question: 1. When you receive benefits on your own work record plus a spousal top-up, only the spousal portion counts against the family maximum on your spouse's record 2. At FRA, you can file for your own retirement first, then apply for the spousal benefit if it would result in a higher total benefit 3. The SSA will not automatically recalculate other family members' benefits when your benefit source changes - you must request this recalculation 4. Consider the long-term impact of claiming strategies - maximizing benefits now might reduce lifetime benefits if delaying until 70 would be more advantageous 5. Document all conversations with SSA representatives and get explanations in writing when possible 6. If WEP potentially applies due to non-covered employment, that adds another layer of complexity requiring specialized assistance
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Samantha Hall
•Thank you for this clear summary! I'm going to print this out and bring it with me when I go to my local Social Security office for an in-person appointment. I've decided that's probably the best way to get consistent information and make sure everything is documented correctly.
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