In Re the Marriage of Tapia

Opinion

GILBERT, J.

Here we hold [{/]]

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that in arriving at a support order in a marital dissolution case, the court must consider the contributions made by a nonmarital partner to a party’s expenses.

[630]

Joseph A. Tapia

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and Linda M. Tapia dissolved their 23 year marriage. Linda appeals the order of the trial court awarding her $306 per month in spousal support.

In making its support order, the court did not take into account the nonmarital cohabitant’s contribution to Joseph’s household expenses. For that reason we reverse the portion of the order regarding spousal support, and remand for further proceedings.

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Joseph’s nonmarital partner

At trial, Linda called as a witness Jane P., Joseph’s nonmarital partner. Linda asserted that Jane P.’s income should be attributed to Joseph in arriving at his net disposable income.

Jane P. testified, inter alia, that she and Joseph have lived together for three and a half years, and that they recently purchased a residence as joint tenants. She further testified that her yearly income was between $40,000 and $50,000; that she and Joseph each pay 50 percent of all household expenses including the mortgage, property taxes, utilities and food; and that they share a joint checking account.

The trial court recognized that it must consider the income of a long-term nonmarital partner in determining the husband’s ability to pay support. The court correctly concluded that Jane P.’s income should be considered to the extent that it reduces Joseph’s living expenses but that it could not be used to arrive at Joseph’s net disposable income.

Where an award of child support is before the court, a nonmarital partner’s income must be considered insofar as that income reduces the parent’s living expenses, which in turn affects the parent’s ability to pay child support. (Civ. Code, § 4720, subd. (e);