Moreno

J.For purposes of calculating child support, a noncustodial parent is ineligible for a hardship deduction or any other deduction if he or she has a child receiving public assistance. (County of Stanislaus v. Gibbs (1997) 59 Cal.App.4th 1417 [ 69 Cal.Rptr.2d 819 ]; Fam. Code, § 4071.5.) In County of Orange v. Ivansco (1998) 67 Cal.App.4th 328 [ 78 Cal.Rptr.2d 886 ], the Fourth District, Division Three, held that Family Code section 4071.5 is unconstitutional. We respectfully disagree and hold that Family Code section 4071.5 is constitutional and does not violate the equal protection clause under the Fourteenth Amendment. We agree with Ivansco on two points: 1) section 4071.5 does create two classes of parents paying child support — those with children receiving public assistance and those with children not receiving public assistance; and 2) there is a fundamental right to raise one’s own children in his or her own home. Unlike Ivansco , we conclude that section 4071.5 does not infringe on that fundamental right; thus a strict scrutiny analysis is not required. Additionally, we conclude requiring a noncustodial parent to take full responsibility for his or her calculated…