Demystifying Child-in-Care Spouse Benefits - AMAC Foundation

Spouse Benefits Available at any Age

Most couples know that age 62 is the normal minimum age to apply for spousal benefits. But many are not aware that spouse benefits are available to spouses at any age if they are caring for the minor child(ren) of a marital partner who is (or was) collecting Social Security retirement benefits. As with all things about Social Security, there are rules and eligibility criteria which apply.

On the surface, it’s pretty simple: if an older partner receiving Social Security retirement benefits has a spouse too young to collect regular spousal benefits but who is, nevertheless, caring for their minor child(ren), that younger spouse can collect child-in-care (CIC) spousal benefits at any age. In such cases, the younger spouse can collect CIC benefits equal to 50% of their partner’s FRA amount until the child is 16 years of age, at which point the child-in-care benefits cease. Note the child must be “in-care” of the younger spouse (e.g., a dependent).

When Do Child-in-Care Benefits Stop?

If, when the child turns 16, the spouse is at least 62, the spouse has the option to switch from CIC benefits to regular spousal benefits at that time, and all normal early spousal benefits and deemed filing rules would apply. If the spouse has reached FRA when the dependent child turns 16, the spouse will be automatically converted to regular spouse benefits at FRA.

Note that child-in-care spouse benefits are also available to younger spouses caring for the couple’s disabled adult child. If the child is disabled, CIC benefits will continue beyond when the child turns 16 and last until the spouse reaches FRA or the child is no longer eligible for dependent child benefits.  Note too that if a spouse collecting child-in-care benefits is working, the normal Social Security “earnings test” rules apply (CIC benefits are affected by the earnings test in the same way regular spousal benefits are).

Child-in-Care Special Rules

The above rules apply when both marriage partners are living. If the spouse who is collecting SS retirement benefits dies, a surviving spouse who is collecting CIC benefits will become eligible for higher CIC survivor benefits (75% of the deceased partner’s actual benefit amount). Note that the Family Maximum rules apply when more than one dependent is collecting benefits from the same person.

If you’re unsure about how these basics apply to you, or if you have any questions about your individual situation under Social Security, note that the AMAC Foundation provides a free-to-the-public advisory service to help Americans navigate the complexities of this program. All questions are answered quickly, at no charge.  Learn more about it here…

This article is intended for information purposes only and does not represent legal or financial guidance. It presents the opinions and interpretations of the AMAC Foundation’s staff, trained and accredited by the National Social Security Association (NSSA). NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity. To submit a question, visit our website (amacfoundation.org/programs/social-security-advisory) or email us at ssadvisor@amacfoundation.org.

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