In City and County of San Francisco v. Garnett (1999) 70 Cal. App. 4th 845, the commissioner found Family Code section 4071.5 to be " 'constitutionally discriminatory' " and stated there " 'is no rational basis for requiring poorer people to pay more than richer people.' " (70 Cal. App. 4th at p. 848.) In Garnett Division Three found the statute passed constitutional muster under equal protection analysis. In Garnett the claim was advanced that the effect of the section was to increase the support obligation of the parent for a nonresident child to the potential financial detriment of a child in the custody of that parent.