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

No. 12972.

623 P.2d 985 (1980)

Lisa HARPER, Appellant, v. NEW MEXICO DEPARTMENT OF HUMAN SERVICES, INCOME SUPPORT DIVISION, Appellee.

Supreme Court of New Mexico.

September 29, 1980.

Attorney(s) appearing for the Case

Gary J. Martone, Joseph Goldberg, Michael B. Browde, Albuquerque, for appellant.

Jeff Bingaman, Atty. Gen., Robert N. Hilgendorf, Deputy Atty. Gen., Gordon L. Bergman, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

PAYNE, Justice.

This case was certified from the Court of Appeals because of a conflict in the precedents in that court. The appellant, Mrs. Harper, made application for aid to families with dependent children (AFDC) with the New Mexico Department of Human Services on behalf of her children by a previous marriage. Her application was denied by the Department because of the community income earned by her present husband, the non-adoptive stepfather...

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