People in Interest of SMS

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 County Department of Social Services (Department) and the child was placed in long-term foster care. In a separate action, the child support…