PEOPLE IN INTEREST OF S.M.S.

No. 95CA0148.

907 P.2d 739 (1995)

The PEOPLE of the State of Colorado, In the Interest of S.M.S., a Child, Upon the Petition of the Garfield County Department of Social Services, Petitioner-Appellant, and Concerning L.S., Respondent-Appellee.

Colorado Court of Appeals, Div. II.

October 26, 1995.


Attorney(s) appearing for the Case

Thomas D. Silverman, Guardian Ad Litem.

John W. Savage, P.C., John W. Savage, Rifle, for Petitioner-Appellant.

Catherine L. Alonzi, Denver, for Respondent-Appellee.


Opinion by Judge HUME.

The sole issue presented in this appeal is whether social security benefits paid for a child as a result of the death of a biological parent should be offset against the adoptive parent's child support obligation. We conclude that further proceedings are necessary and, therefore, reverse and remand.

L.S. is the adoptive mother of S.M.W. (child). In a dependency and neglect action, legal custody of the child was granted to the Garfield...

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