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Can The Children I'm Conservator For Collect Benefits From My Husband's Social Security Record?

I have permanent managing conservatorship on 2 children age 10 and 12. Both parents are still alive. My husband is 71 and collects social security. I am 59 and am working. Can the children collect social security from my husband benefits? Can I collect child in care benefits from my husbands social security? God forbid my husband passes away, can I collect additional social security benefits since I am caring for young children? I have searched everywhere and cannot get an answer. Thank you for your help. Debbie

Hi Debbie. No, unless the children you refer to are your husband's children (i.e. natural or adopted), or his grandchildren. And, if they're grandchildren and if they haven't been adopted by your husband, then they could only qualify if both of their natural parent's were disabled when your husband started collecting benefits (

You couldn't qualify for child in care spousal benefits unless you have a child in your care who qualifies for child benefits on your husband's account. But, if your husband dies, you could potentially qualify for reduced widow's benefits as early as age 60, or sooner if you're disabled. However, if you're still working then the Social Security earnings test could cause some or all of your widow's benefits to be withheld until you reach full retirement age (FRA) depending on how much you earn (

You may want to strongly consider using our software ( to fully analyze all of your options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

Apr 21 2022 - 12:57pm
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