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CAMPOS v. FLAHERTY

No. 8818SC808.

377 S.E.2d 282 (1989)

Susan CAMPOS, Petitioner-Appellant, v. David FLAHERTY, Respondent-Appellee.

Court of Appeals of North Carolina.

March 21, 1989.

Attorney(s) appearing for the Case

Central Carolina Legal Services, Inc. by Stanley B. Sprague, Greensboro, for appellant.

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Martha K. Walston, Raleigh, for respondent appellee.

ARNOLD, Judge.

Plaintiff contends that the federal statute which governs recoupment in AFDC overpayment cases does not allow recoupment from plaintiff's AFDC benefits merely because her three children were members of the overpaid assistance unit, when her ex-husband, the overpaid recipient, is not a member of plaintiff's assistance unit. We agree.

The governing federal statute was amended in 1981 as part of the Omnibus Budget Reconciliation Act (OBRA), Pub...

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