Haggard

In this case, we hold that a trial court is not authorized to allow a child support hardship deduction to a noncustodial parent based on that party’s voluntary support of nonadopted children of his spouse in a subsequent marriage.

Factual and Procedural Summary

This case is presented to us on an agreed statement, pursuant to California Rules of Court, rule 6. Through this method, counsel for the parties have commendably distilled the factual materials in order to present a single principal question of law. It is one the trial court encouraged them to present. That court ruled as it did after concluding that it had no discretion to rule otherwise on the issue of a hardship deduction, but it made it clear that it would have granted the deduction if it were empowered to do so. We believe this expression by the court also is commendable.

The facts of the case, which we take principally from the agreed statement, may be quickly summarized.

Robert S. and Barbara F. Haggard (referred to here, respectively, as husband and wife) were married in 1970. There are two children of their marriage, Korenna (bom February 1974) and Shawn (bom October 1975). Husband and wife were…