Romero v. Romero

Opinion

GAUT, J.

1. Introduction

Husband Paul Louis Romero appeals from the trial court’s postjudgment order denying his request for modification of spousal support based on a change in his income as a result of his disability. Husband’s sole claim on appeal is that the trial court erred in considering his new spouse’s income in violation of Family Code section 4323, subdivision (b).

We conclude that, under the current law, the trial court is precluded from any direct or indirect consideration of a subsequent spouse’s or nonmarital partner’s income in determining or modifying spousal support. The…