Freeman

The People appeal from an order of child support calculated by granting to Wilbert L. Freeman two hardship deductions in contravention of the provisions of Family Code section 4071.5 which the trial court found to be unconstitutional. We reverse and remand.

The San Francisco District Attorney filed a motion in January of 1998 to modify Wilbert Freeman’s 1992 child support order of $192 a month on grounds of a substantial increase in income and a change in circumstances since the date of that order. The order was for the support of a daughter, Patrice, bom to Wilbert Freeman and Patricia Hunter in September 1981. Patrice and her mother receive public assistance benefits, formerly called AFDC (Aid to Families with Dependant Children). Freeman has since remarried and supports his nonworking wife and two young children, one of whom is an infant. In calculating Freeman’s support obligation the court granted him two hardship deductions for these two minor children in fixing the support order for Patrice at $367 a month.

At the hearing on the motion held January 6, 1998, the People unsuccessfully objected to inclusion of the two hardship deductions in the calculation on the…