Romero

1. Introduction

Husband Paul Louis Romero appeals from the trial court’s postjudgment order denying his request for modification of spousal support based on a change in his income as a result of his disability. Husband’s sole claim on appeal is that the trial court erred in considering his new spouse’s income in violation of Family Code section 4323, subdivision (b).

We conclude that, under the current law, the trial court is precluded from any direct or indirect consideration of a subsequent spouse’s or nonmarital partner’s income in determining or modifying spousal support. The record reveals that the trial court abused its discretion in considering the indirect effects of such income on husband’s ability to pay and his standard of living. We reverse the court’s order and remand for a new hearing on husband’s request for modification.

2. Factual and Procedural History

Husband and his wife, Linda Michele Romero, were married for 28 years. Early in their marriage, wife worked while husband pursued his teaching credential and masters in school administration. During their marriage, husband and wife enjoyed various luxuries, including long vacations. In July of 1997,…