Harris

In determining a party’s ability to pay spousal support, should the court consider contributions made by any person to that party’s living expenses? Of course. (In re Marriage of Tapia (1989) 211 Cal.App.3d 628 [ 259 Cal.Rptr. 459 ].) Does it follow that, in order to determine the expenses of that party, the financial records of a third person living with such party are automatically discoverable? Of course not.

Petitioner, a former spouse, who is seeking to increase child support, subpoenaed confidential information from her former spouse’s housemate. The trial judge stated that in support cases it is his routine to consider new mate income. The routine is appropriate so long as it does not result in the routine issuance of discovery orders. Here, he should have quashed the subpoena. We grant a peremptory writ of mandate.

Background

On November 1, 1989, Janice Smets and Claude Smets entered into a marital settlement agreement. Included in the agreement was Claude Smets’s promise to pay child support.

On October 1, 1990, Mr. Smets moved into a house owned by petitioner, Bonnie J. Harris. Ms. Smets believes that Ms. Harris and Mr. Smets are sharing living expenses,…