Castle

In this case we address whether the trial court erred when it nearly excluded from gross income the consideration of benefits enjoyed by a father following the inheritance of his mother’s $1 million estate, including a $240,000 lump sum. The net result of the father’s good financial fortune was his $341 child support obligation went up to $361—a meager $20 increase per month. Plus, he now lives mortgage free, has paid his back taxes, has potential rental income on two properties in the amount of $2,000-plus, and, in addition to the rental properties, owns his mother’s mortgage free home in Long Beach, and a country cabin in San Bernardino County.

We conclude the father’s inheritance is not income for purposes of calculating his annual gross income, pursuant to Family Code section 4058, subdivision (a)(1). However, his newly found wealth may be considered pursuant to Family Code section 4058, subdivision (a)(3), and its “corresponding reduction in living expenses.” Under the circumstances here, it was an abuse of discretion for the trial court to not factor anything other than the rental income into its support determination.

Procedural and Factual History

On May 25,…