Anastasi

Family Code section 4057.5, subdivision (a)(1) prohibits consideration of the income of a subsequent spouse when modifying child support. Here, the father and his subsequent spouse owned substantial community assets, which generated income. In modifying a child support order, the trial court considered, as the father’s income, all of the community income of the father and his subsequent spouse. In the published portion of this opinion, we conclude that the trial court violated Family Code section 4057.5, subdivision (a)(1) by considering the half of the community income attributable to the subsequent spouse when it modified the father’s child support obligation.

Accordingly, we reverse the trial court’s modification of the father’s child support obligation and remand for further proceedings.

In the unpublished portion of this opinion, we reject the remainder of the father’s contentions on appeal, as well as the mother’s contention raised in her appeal.

BACKGROUND

This is a brief summary of the proceedings. More specific descriptions of the proceedings are provided as they become relevant to the discussion of the issues raised by the parties. For brevity and clarity,…