DaSilva

It has been four years since Jose and Sharon DaSilva began their divorce proceedings and about two years since we last reviewed their ongoing child support dispute. (In re Marriage of DaSilva (Apr. 24, 2002, G028716) [nonpub. opn.].) In our previous opinion, we remanded the case to the trial court with directions to make a factual finding on the record supporting its “H%” calculation—which is a component of the equation used by trial courts when making child support orders. 1 It represents the “. . . *1033 approximate percentage of time that the high earner has or will have primary physical responsibility of the child[] compared to the other parent.”

On remand, the trial court initially concluded Jose’s timeshare was 42 percent but, a few months later, reconsidered the issue on its own motion and changed the figure to 29.1 percent. The “correction” was based in large part on the court’s reading of this court’s newly published opinion In re Marriage of Rosen (2002) 105 Cal.App.4th 808, 826 [ 130 Cal.Rptr.2d 1 ] (Rosen). On appeal, Jose argues the court misinterpreted Rosen as changing the rules on how to calculate timeshare percentages. We agree and again reverse the…