In Re Marriage of Hinman

Aisha Othman [1] appeals from an order requiring her to pay $1,248 in monthly child support to her ex-husband Howard E. Hinman, the custodial parent of their five children. [2] Aisha contends: (1) the court improperly imputed income to her based on earning capacity; and (2) the court incorrectly computed the amount of Aisha's child support obligations. On this record, we find no abuse of discretion and affirm the judgment of the trial court.

In so holding, we decline to adopt a per se rule that the trial court may only consider parental earning capacity upon a showing of bad faith. Instead, we adhere to the plain language of the Family Code which grants the trial court broad discretion to consider parental earning capacity consistent with the best interests of the supported child. (Fam. Code, § 4058, subd. (b).)

With this appeal, we find Howard and Aisha Hinman before this court in their eighth case requesting our review of trial court orders arising from the 1990 dissolution of their marriage. [3] Based on the parties' stipulation, a judgment issued on April 24, 1990, awarded Aisha and Howard joint physical and legal custody of their five children,…