Can my 55-year-old wife claim Social Security spousal benefits while caring for our 6-year-old grandson with legal custody?
I've been researching spousal benefits and I'm confused about the "caregiver exception" for younger spouses. Here's our situation: I'm 62 and eligible for Social Security retirement benefits (though I haven't filed yet). My wife is 55 (7 years younger than me). We have legal conservatorship of our 6-year-old grandson and are his full-time caregivers. I read that spouses can qualify for benefits before 62 if they're caring for a child under 16, but I'm not sure if this applies to grandchildren with legal conservatorship. Can my wife claim 50% of my FRA amount now to help with our grandson's care, or does the child have to be our biological/adopted child? The extra income would really help us provide for him. Anyone dealt with this situation before?
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Diego Vargas
The rule you're referring to is for child-in-care spousal benefits, but there's a critical detail here. The child needs to be your own child OR your spouse's child who is receiving benefits on YOUR record. Having conservatorship of your grandson doesn't automatically qualify your wife for early spousal benefits. The child would need to be eligible for benefits on your record as a dependent - typically that means the child is your biological/adopted child or a stepchild.
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Chloe Anderson
•Thanks for the explanation. So even with legal conservatorship, our grandson wouldn't qualify me for the child-in-care exception? Would it make any difference if we formally adopted him? We're considering that option anyway.
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Anastasia Fedorov
Not an expert but my sister was in kinda the same boat with her step-grandkids. Pretty sure the kid has to be getting benefits on YOUR record for this to work. Maybe talk to SSA directly? Their rules get super confusing with blended families.
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StarStrider
•This is actually an interesting scenario that depends on whether the grandchild can qualify for benefits on the grandfather's record. If your grandson receives Social Security benefits based on YOUR work record, then your wife could potentially qualify for child-in-care benefits. The key question: Is your grandson eligible for benefits as your dependent? With legal conservatorship, it's possible but would depend on specific circumstances.
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Sean Doyle
I JUST went through something similar with my neice I'm raising!!! The SSA person told me the child has to be RECEIVING benefits on your record for the caregiver exception. So you'd need to check if your grandson qualifies for child's benefits on your record first - which is different from just having legal custody. If he doesn't qualify for benefits on YOUR record, then your wife can't get the child-in-care benefit. So frustrating!!!
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Chloe Anderson
•That's really helpful to know. I'll definitely check if he can receive benefits on my record. Do you know what the requirements would be for that? Would our conservatorship be enough?
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Zara Rashid
Your situation involves several technical aspects of Social Security. For your wife to qualify for spousal benefits before age 62 under the child-in-care provision: 1. Your grandson must be eligible for child's benefits on YOUR record 2. Your wife must be exercising parental control and responsibility for the child With legal conservatorship, you need to determine if your grandson meets the definition of a "dependent" for Social Security purposes. Generally, this requires the child to be: - Your natural child, legally adopted child, or stepchild, OR - A dependent grandchild (if the parents are deceased or disabled) Based on the information provided, I'd recommend scheduling an appointment with SSA to discuss your specific situation, as there might be additional considerations with your conservatorship arrangement.
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Chloe Anderson
•Thank you for the detailed explanation. My grandson's parents are both living but have severe substance abuse issues, which is why we have conservatorship. Sounds like we should definitely talk directly with SSA to see if he qualifies as a dependent on my record before my wife applies for anything.
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Luca Romano
When I tried calling Social Security about a similar situation (I have custody of my great-niece), I was on hold for HOURS and then got disconnected! So frustrating. I ended up using this service called Claimyr (claimyr.com) that got me connected to an agent in about 15 minutes instead of waiting all day. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Seriously saved me so much time and I was able to get a clear answer about my specific situation.
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Anastasia Fedorov
•does that really work? i've been trying to get through to ssa for weeks about my disability claim!
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Nia Jackson
not related to the spousal benefit thing but my parents had custody of my nephew and there was something called a "child-only grant" they qualified for through the state. might be worth looking into for extra support for your grandson. it's separate from social security
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Chloe Anderson
•Thank you - I haven't heard of that! We'll definitely look into child-only grants in our state. Every bit helps.
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Diego Vargas
After seeing the additional details, here's what you should know: Since your grandson's parents are alive (though unable to care for him), he likely wouldn't qualify for benefits on your record as a dependent grandchild. However, there's an important exception: if you've legally ADOPTED your grandson (not just conservatorship), then he could potentially qualify for benefits on your record. At that point, your wife could potentially qualify for child-in-care spousal benefits if your grandson is receiving benefits on your record. This is definitely a situation where you need to speak directly with SSA about your specific circumstances.
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Chloe Anderson
•This is incredibly helpful information. Legal adoption is something we're considering anyway for stability reasons, so that might solve two problems at once. I'll definitely bring all this information to an appointment with SSA. Thank you!
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