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IN RE MARRIAGE OF DESTEIN

No. A090293.

111 Cal.Rptr.2d 487 (2001)

91 Cal.App.4th 1385

In re the MARRIAGE OF Patricia L. and Joseph A. DESTEIN, Jr. Patricia L. Destein, Respondent, v. Joseph A. Destein, Jr., Appellant.

Court of Appeals of California, First District, Division Five.

August 30, 2001.

Attorney(s) appearing for the Case

Kathryn Ballentine Shepherd, Fancher & Wickland and Paige Leslie Wickland, Counsel for Appellant.

Renee Chernus, San Rafael, Law Offices of Bernard N. Wolf and Bernard N. Wolf, San Francisco, Counsel for Respondent.

Certified for Partial Publication*

SIMONS, J.

In this marital dissolution action, appellant Joseph A. Destein, Jr., challenges the amount of guideline child support awarded. In significant part, the court derived the award by imputing a rate of return to appellant's separate property real estate, which was non-income-producing. Appellant contends the trial court erred principally because it had no discretion to impute income to...

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