Campbell

In this opinion, we hold that Family Code section 4057.5, which generally precludes consideration of new spouse income in the determination of child support, does not prohibit consideration of new spouse income in determining the supporting parent’s actual tax liability pursuant to section 4059.

Facts

The marriage of Cerise and Douglas Campbell was dissolved on May 14, 1986. Primary physical custody of the parties’ minor child was awarded to wife; husband was ordered to pay child support in the amount of $100 per week.

Thereafter, respondent Tulare County District Attorney’s Office, Family Support Division, acting on behalf of wife, filed a motion for modification of the 1986 child support order. The motion was heard on October 3,1994. The hearing focused on whether husband’s new spouse’s income information could be utilized in calculating husband’s tax liability. The trial court resolved this issue in favor of respondent, denying husband’s request to consider the tax effect of the new spouse’s income as part of the determination of his net disposable income. Monthly child support was increased to $709 per month.

Discussion

“[T]he trial court’s determination to grant…