PEDERSEN v. PEDERSEN

No. 20,454.

1 P.3d 974 (2000)

129 N.M. 56

2000-NMCA-042

Rose Mary PEDERSEN, Petitioner-Appellant, v. Edmund J. PEDERSEN, Respondent-Appellee.

Court of Appeals of New Mexico.

April 17, 2000.


Attorney(s) appearing for the Case

Mark A. Filosa, Filosa & Filosa, Truth or Consequences, for Respondent-Appellee.

James T. Locatelli, Las Cruces, for Petitioner-Appellant.


OPINION

ALARID, Judge.

{1} This case presents the issue of whether a disabled parent is entitled to a mandatory credit against his child support obligation based upon federal social security benefits paid directly to the child as the dependent of a disabled wage-earner. For the reasons set forth below, we hold that the decision to award such a credit is discretionary, subject to the requirements of NMSA 1978, § 40-4-11.2 (1989). Because the trial...

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