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Bryan v. Bryan

Missouri Court of Appeals, Southern District, DIVISION II
May 5, 1998
968 S.W.2d 249 (Mo. Ct. App. 1998)

Opinion

No. 21866

FILED: May 5, 1998

APPEAL FROM THE CIRCUIT COURT OF SCOTT COUNTY, HONORABLE ANTHONY J. HECKEMEYER, JUDGE.

REVERSED AND REMANDED

Spencer L. Edwards, Dempster, Barkett Edwards, L.L.C., Sikeston, for Appellant.

John P. Heisserer, Dickerson, Rice, Spaeth, Heisserer Summers, L.L.C., Cape Girardeau, for Respondent.


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.

Montgomery, C.J., and Barney, J., concur.


Summaries of

Bryan v. Bryan

Missouri Court of Appeals, Southern District, DIVISION II
May 5, 1998
968 S.W.2d 249 (Mo. Ct. App. 1998)
Case details for

Bryan v. Bryan

Case Details

Full title:BETHLEY CHRISTINE BRYAN, PLAINTIFF-RESPONDENT vs. MICHAEL DALE BRYAN…

Court:Missouri Court of Appeals, Southern District, DIVISION II

Date published: May 5, 1998

Citations

968 S.W.2d 249 (Mo. Ct. App. 1998)