MASK v. MASK

No. 12970.

620 P.2d 883 (1980)

95 N.M. 229

Phyllis T. MASK, Individually and Phyllis T. Mask, as Next friend of Amy Marie Michelle Mask, Plaintiff-Appellant, v. James Leland MASK, Defendant-Appellee.

Supreme Court of New Mexico.

December 9, 1980.


Attorney(s) appearing for the Case

Martin, Martin, Lutz & Cresswell, James T. Martin, Jr., Las Cruces, for plaintiff-appellant.

Dan B. Buzzard, Clovis, for defendant-appellee.


OPINION

PAYNE, Justice.

Plaintiff petitioned to recover arrearages in child support payments. The trial court awarded judgment to plaintiff but allowed offsets to defendant for social security benefits the child received. Plaintiff appealed. We affirm in part and reverse in part.

The plaintiff and defendant were divorced in 1965. There was one child born of the marriage. Plaintiff alleged and the court found that defendant was in default in his support...

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