In re Marriage of Wood

In In re Marriage of Wood (1995) 37 Cal. App. 4th 1059, the appellate court stated that, "although the trial court claimed only to take into account the new husband's income as it related to the wife's standard of living, this was tantamount to considering new mate income." (Wood, supra, 37 Cal. App. 4th at page 1066.) The court noted that the Legislature amended Family Code section 4057.5 to exclude consideration of new mate income in determining child support, absent extraordinary circumstances. (Wood, supra, 37 Cal. App. 4th at page 1067.) The court characterized the legislation as "a direct statutory prohibition" against the consideration of that factor. (Wood, supra, 37 Cal. App. 4th at page 1067.) Therefore, despite any other general rules affording the trial court discretion in regard to setting the amount of child support, the court erred in considering new mate income in the guise of other factors such as a parent's standard of living or lifestyle. (Wood, supra, 37 Cal. App. 4th at pages 1067-1068, 1071.)