Legal Opinion · Dissent

Sherman v. Sherman

Missouri Court of Appeals

Decided November 9, 2004No. WD 61208Published

1DissentPatricia Breckenridge, Judge

While I concur in the majority’s reversal of the award of child support because the evidence is insufficient to support the trial court’s imputation to Mr. Sherman (Father) of $1000 monthly income from FNJ Maintenance Company, I dissent from the majority’s holding that “it is impossible to determine what the appropriate amount of imputation would be.” In reaching this conclusion, the majority fails to follow the standard of review and misapplies the law. Because there is sufficient evidence in the record to support the imputation of $769 monthly income from FNJ, this court should recognize…

2Cases cited4 opinions

  1. Hill v. HillSupreme Court of Missouri · 2001
  2. Leslie v. LeslieSupreme Court of Missouri · 1992
  3. Monnig v. MonnigMissouri Court of Appeals · 2001
  4. Paxton v. PaxtonMissouri Court of Appeals · 2003

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