California Codes

Cal. Family Code § 4057.5 (2026)

✓ current as of May 2026

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(a)(1)The income of the obligor parent’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligor or by the obligor’s subsequent spouse or nonmarital partner.

(2)The income of the obligee parent’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligee or by the obligee’s subsequent spouse or nonmarital partner.

(b)For purposes of this section, an extraordinary case may include a parent who voluntarily or intentionally quits work or reduces income, or who intentionally remains unemployed or underemployed and relies on a subsequent spouse’s income.

(c)If any portion of the income of either parent’s subsequent spouse or nonmarital partner is allowed to be considered pursuant to this section, discovery for the purposes of determining income shall be based on W2 and 1099 income tax forms, except where the court determines that application would be unjust or inappropriate.

(d)If any portion of the income of either parent’s subsequent spouse or nonmarital partner is allowed to be considered pursuant to this section, the court shall allow a hardship deduction based on the minimum living expenses for one or more stepchildren of the party subject to the order.

(e)The enactment of this section constitutes cause to bring an action for modification of a child support order entered prior to the operative date of this section.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 2001–2021 · leading case: In Re Marriage of Knowles, 178 Cal. App. 4th 35 (Cal. Ct. App. 2009).

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In Re Marriage of Knowles, 178 Cal. App. 4th 35 (Cal. Ct. App. 2009). · cites it 4× “Here, the father and his subsequent spouse owned substantial community assets, which generated income.”

Calcaterra v. Badakhsh, 132 Cal. App. 4th 28 (Cal. Ct. App. 2005). “(Fam. Code, § 4057.5, subd. (a)(1).) 3 But the trial court did not believe him and could draw the inference that the income figure on the 2002 application did not include wife’s earnings.”

In Re Marriage of Romero, 122 Cal. Rptr. 2d 220 (Cal. Ct. App. 2002). “[21] Family Code section 4057.5, subdivisions (a)(1) and (2); In re Marriage of Wood (1995) 37 Cal.”

Carlton v. D'Alessandro, 2001 Cal. Daily Op. Serv. 7579 (Cal. Ct. App. 2001). · cites it 2× “) If the trial court could not consider Donna’s income in determining David’s support obligations, it could not consider a tax deduction that would affect her income and hers only.”

Anastasi v. Knowles, 178 Cal. App. 4th 35 (Cal. Ct. App. 2009). · cites it 4× “Family Code section 4057.5, subdivision (a)(1) prohibits consideration of the income of a subsequent spouse when modifying child support.”

Romero v. Romero, 99 Cal. App. 4th 1436 (Cal. Ct. App. 2002). “Family Code section 4057.5, subdivision (a)(1) and (2); In re Marriage of Wood (1995) 37 Cal.”

Marriage of Mace CA5 (Cal. Ct. App. 2021). “Husband cites Family Code section 4057.5, but that statute explicitly provides that the income of the obligee parent’s subsequent spouse ordinarily “shall not be considered” when determining child support.”

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