§4.02 What Constitutes an Extraordinary Case?

Examples of extraordinary cases where you should consider the income of a new spouse or nonmarital partner include when one parent [FC §4057.5(b)]:

• Voluntarily or intentionally quits work or reduces income, or
• Intentionally remains unemployed or underemployed and relies on the subsequent spouse or partner's income.

The supported child must suffer extreme and severe hardship if you do not consider such income. [Marriage of Wood (1995) 37 CA4th 1059, 1067, disapproved of on other grounds in Marriage of Fellows (2006) 39 C4th 179, 187.]

Family Code §4057.5 does not preclude you from considering new spouse income for the limited purpose of determining the supporting parent's actual tax liability under FC §4059. [County of Tulare v Campbell (1996) 50 CA4th 847, 854, 856; see §3.02.]