Sacramento, CA asked in Social Security for California

Q: Does my spouses IHSS Caretaker/provider income payments prevent her getting spousal benefits off husbands retirement ben

Benefits despite caring for our 13 yr old daughter who does receive child benefits from fathers retirement benefits?

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1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA
  • Licensed in California

A: The eligibility for spousal benefits from a husband's retirement benefits is determined by several factors, including the spouse's own work history, the amount of the husband's retirement benefit, and the duration of the marriage. It is not directly affected by the spouse's income from other sources, such as income from being an IHSS caretaker/provider.

However, if the spouse's own income exceeds certain limits, it may impact the amount of spousal benefits they are eligible to receive. In addition, if the spouse is also receiving Social Security benefits based on their own work history, they may be subject to an earnings test, which could affect the amount of spousal benefits they can receive.

The fact that your 13-year-old daughter receives child benefits from your husband's retirement benefits may also affect the amount of spousal benefits your wife is eligible to receive. In some cases, the total amount of benefits that a family can receive based on one person's work record may be limited.

It's important to consult with a financial or legal professional who specializes in Social Security benefits to fully understand how the various factors may impact your wife's eligibility for spousal benefits. They can help you navigate the complex rules and regulations and provide personalized advice based on your specific situation.

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