Ex-husband's SS benefits vs family maximum - can I only get $250/month with disabled child?

The family maximum benefit (FMB) is complicated, but I can clarify a few things. Your benefit as a divorced spouse and your son's disabled adult child benefit would both count toward the family maximum on your ex-husband's record. However, if you're also entitled to your own retirement benefit, that amount doesn't count toward the family max. The rule about certain benefits not counting toward the family maximum hasn't changed since 2015-2016 that I'm aware of. What might have changed is how they're calculating the specific scenario in your case. If you can share how old you are and if you're receiving any benefits on your own record, I might be able to give more specific guidance.

i think the agent mite be confused. family maximum shouldnt change what ur entitled to as a divorced spouse. its usualy 50% of ur ex's benefit at YOUR full retirement age. but if u take it early at 62 instead of waiting till ur FRA its reduced. and if ur son gets disabled adult child benefits thats separate i think??

The Social Security representative is correct. The family maximum benefit (FMB) formula applies to all auxiliary beneficiaries on one earner's record. This includes both divorced spouse benefits and disabled adult child benefits. So if your son is already receiving a substantial portion of the family maximum from your ex-husband's record, that leaves less available for you. The confusion might be about YOUR own retirement benefit not counting toward the family maximum - that part is true. But any benefits paid to you as a divorced spouse WOULD count toward the family maximum on your ex's record, alongside what your son receives. At 62, your divorced spouse benefit would also be reduced for claiming early - down to about 32.5% of your ex's primary insurance amount instead of the full 50% you'd get at your full retirement age.

Ugh the family maximum makes me SO ANGRY. My sister is in a similar situation with her disabled son. SSA kept giving her different answers every time she called. They told her $400, then $250, then $375. Nobody seemed to understand how to calculate it right. When she finally got to an in-person appointment, the numbers changed AGAIN. The whole system is maddening!!!

I had a similar experience trying to contact Social Security about family maximum questions. After 6 disconnected calls and hours on hold, I finally tried Claimyr (claimyr.com) and got through to an agent in 20 minutes. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU. The agent I spoke with was able to pull up the actual family maximum calculation on my record and explain exactly how it worked in my case. Saved me weeks of frustration. For your situation, I'd definitely recommend talking to someone who can look at the actual numbers on your record rather than just giving general information.

The family maximum benefit is typically between 150-180% of the primary worker's benefit. So if your ex gets $2700, the maximum for ALL dependents combined might be around $4050-$4860. If your son is already receiving benefits as a disabled adult child (DAC), he's probably getting 50% of your ex's benefit, which would be about $1350. That would still leave room for your divorced spouse benefit, BUT... Here's where it gets complicated: Your benefit at 62 would be reduced for claiming early AND it would be subject to proportional reduction under the family maximum. This might explain why they're giving you the $250 figure. Have you considered waiting until your full retirement age? You'd get a higher amount both from your own record and potentially more from your ex's record due to both avoiding the early claiming reduction and potentially having a more favorable family maximum calculation.

Here's what I would recommend: 1. Request a detailed WRITTEN explanation of your potential benefits calculation, including how the family maximum is being applied in your specific case. This is your right. 2. Ask specifically about what would happen if you waited until your Full Retirement Age to claim on your ex's record rather than taking it at 62. 3. Consider if it makes sense to take your own reduced retirement benefit at 62 (the $850 reduced for early claiming) and then switch to the ex-spouse benefit at your FRA if that would be higher. The combination that gives you the highest lifetime benefits depends on your health, financial needs, and how long you expect to live. Getting the calculation in writing will help you make an informed decision.

my neighbor said somthing about an restricted application for divorsed spouses but i dont know if thats still a thing?? maybe thats someting to ask about too

Has anyone considered that the SSA employee might have been referring to the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO)? Those rules did have some modifications around 2015. Do you have any pension from non-covered employment like state government work?

After reading through this thread, I believe there's been no significant change to the family maximum rules since 2015-2016 as the SSA representative claimed. What may have changed is their internal processing system or how they explain the calculations. Here's what I suggest: Call SSA again and specifically request to speak with a Technical Expert who specializes in family maximum calculations. Regular claims representatives sometimes don't have the specialized knowledge for complex situations like yours. When you call, immediately ask for a Technical Expert and explain that you need clarification on how the family maximum is being applied between your disabled adult child and your divorced spouse benefits. Also, get a copy of your Social Security Statement through your my Social Security account if you haven't already. This will show your own exact benefit amounts based on your work record.