OTT LAW

Bethley Christine Bryan, Plaintiff/Respondent, v. Michael Dale Bryan, Defendant/Appellant.

Decision date: Unknown

Opinion

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Southern District Case Style: Bethley Christine Bryan, Plaintiff/Respondent, v. Michael Dale Bryan, Defendant/Appellant. Case Number: 21866 Handdown Date: 05/05/1998 Appeal From: Circuit Court of Scott County, Hon. Anthony J. Heckemeyer Counsel for Appellant: Spencer L. Edwards Counsel for Respondent: John P. Heisserer Opinion Summary: None Citation: Opinion Author: John E. Parrish, Presiding Judge Opinion Vote: REVERSED AND REMANDED. Montgomery, C.J., and Barney, J., concur. Opinion: Michael Dale Bryan (appellant) appeals a judgment modifying child support awarded in a dissolution action. The trial court reduced the amount of child support appellant was required to pay from $825 per month to $725 per month. The judgment states "that application of Supreme Court Form 14 would be unjust or inappropriate." However, as appellant asserts in the brief he filed in this court, the trial court did not calculate the amount of presumed child support. See Rule 88.01. The trial court's failure to determine the amount of presumed child support requires that the part of the judgment modifying child support be reversed. The case must be remanded to permit the trial court to determine the amount of presumed child support and whether the presumed amount was rebutted by the evidence adduced at trial. Myers v. Myers, 950 S.W.2d 937, 939 (Mo.App. 1997). See Neal v. Neal, 941 S.W.2d 501, 504 (Mo. banc 1997); Woolridge v. Woolridge, 915 S.W.2d 372, 381-82 (Mo.App. 1996). The judgment is reversed and remanded for further proceedings consistent with this opinion. Separate Opinion:

None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.

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