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BARELA v. N.M. DEPT. OF HUMAN SER., ETC.

No. 4059.

609 P.2d 1244 (1979)

Carmen BARELA, Plaintiff-Appellant, v. NEW MEXICO DEPARTMENT OF HUMAN SERVICES, INCOME SUPPORT DIVISION, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied November 13, 1979.

Writ of Certiorari Denied December 14, 1979.

Attorney(s) appearing for the Case

Timothy Meehan, Northern New Mexico Legal Services, Taos, for plaintiff-appellant.

Jeff Bingaman, Atty. Gen., Gordon L. Bergman, Asst. Atty. Gen., Santa Fe, for defendant-appellee.

OPINION

LOPEZ, Judge.

Carmen Barela appeals the decision of the Director of the Income Support Division of the New Mexico Department of Human Services denying her application for AFDC (Aid to Families with Dependent Children) benefits for her child by a previous marriage, on the basis that one half of the stepfather's income is considered available to the child. We reverse and remand.

Three issues are presented on appeal: (1) whether the Department...

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