Is the Philbin rule changed by statute?

"... Nolte and its progeny are incorrect in concluding that the Philbin rule has been altered by statute. Nor, as related above, do we perceive the Philbin rule as 'punitive' in nature. The statute's provision requiring 'consider[ation]' of earning capacity is entirely consistent with the existing rule that earning capacity be deemed equivalent to actual income in the absence of evidence of unreasonable failure to seek or accept employment or more remunerative employment." (County of Yolo v. Garcia, supra, 20 Cal.App.4th at p. 1783, 25 Cal.Rptr.2d 681.)