Mercado v. Superior Court (2024) Docket G063594
Citation note
The opinion was published November 21, 2024 and modified November 25, 2024 (4th DCA, Div. 3). The official Cal.App.5th reporter citation has not been confirmed within this vault — confirm before any filing. Daily Journal headline format: Mercado v. Superior Court (Wolf).
Holding
In a parentage action, FC §4058 permits considering earning capacity for child support but conditions a vocational evaluation on a preliminary showing that the evaluation is in the children’s best interests. The court of appeal granted Mercado’s writ petition and directed the trial court to vacate its order requiring her to undergo a vocational evaluation, finding none of the statutes cited authorized such an evaluation in the parentage-action context on this record.
Relevance to this matter
Recent (2024) authority reinforcing the rigor required for earning-capacity / imputation procedures and the limits of the court’s authority to compel vocational evaluation. Used in the Xspouse Objections memo to support the proposition that “current job-market conditions and the parent’s present circumstances control” — present circumstances being Charles’s role at Mail Station, not his pre-2025 Northrop Grumman role.