Legal Opinion

Bishop v. Missouri State Division of Family Services

Supreme Court of Missouri

Decided December 6, 1979No. 61345PublishedCited by 2 opinions

1Opinion of the Court

HIGGINS, Judge.

The judgment affirmed a decision of the Director of the Missouri State Division of Family Services which reduced an Aid to Dependent Children grant pursuant to § 453.400 RSMo 1978. Appellant contends that § 453.400 which provides that stepparent income may be considered available in a determination of A.D.C. benefits is in conflict with the Social Security Act and therefore invalid under the supremacy clause of the United States Constitution. The decision turns on whether § 453.400 is a law of general applicability as required by Federal law. Affirmed.

Betty Bishop lives with…

2Cases cited10 opinions

  1. King v. SmithSupreme Court of the United States · 1968
  2. Lewis v. MartinSupreme Court of the United States · 1970
  3. State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
  4. R___ v. R___Supreme Court of Missouri · 1968
  5. Washington Statewide Organization of Stepparents v. SmithWashington Supreme Court · 1975

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3Cited by2 opinions

  1. Wear v. WalkerMissouri Court of Appeals · 1990
  2. In Re the Marriage of B.Missouri Court of Appeals · 1981

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