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STARE DECISIS.
Formerly, the courts applies earning capacity in fashioning child support awards in limited situations where the record demonstrated that the parent was shirking parental responsibilities by refusing to accept or seek gainful employment. Philbin v. Philbin 19 Cal.App. 3d 115, 96 Cal.Rptr. 408 (1971) With enactment of the Agnos Child Support Standards Act of 1984, the Legislature observed , in former Civil Code section 4720 (a), California has no single standard to promote equitable, adequate child support awards. The current method of setting child support awards has led a substantial variation in these awards among families with similar circumstances and resources. Also, part of the 1984 Agnos Child Support Standards Act was the addition of the language “ the court shall also consider, to the extent consistent with the best interest of the child or children, the earning capacity of either or both parents.
To break the complexity of the word earning capacity, in In re Marriage of Regnery, 214 Cal.App. 3d 1367, Cal.Rptr. (1989), the Regnery court announced a three-prong test before the capacity to earn standard may be applied. Capacity to earn composed of (1) ability to work, (2) willingness to work and (3) opportunity to work. However, Appellate courts have encountered that danger and complexity of earning capacity after the case of Regnery.
After such complexity, the court recognized that the second element, willingness to work, should be taken for granted and recast the Regnery’s three-prong test into two is (1) ability to work and (2) opportunity to work. In re Marriage of Destein, 91 Cal.App.4th 1385,1392,

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