In re Marriage of Meegan

In In re Marriage of Meegan (1992) 11 Cal.App.4th 156, the husband quit his job and took up residence at a monastery to study for entry into the priesthood, which would ultimately require a vow of poverty. ( Id. at pp. 159-160, 163.) Division Three of the Fourth District Court of Appeal affirmed a reduction in the husband's spousal support to zero. ( Id. at pp. 163-164.) In rejecting a claim that a trial court must always base its order for spousal support on a husband's ability to earn, as opposed to his actual income, the court explained: "'It has long been the rule the court can consider the payor's earning capacity when determining . . . spousal support. However, this rule has been applied only where the parent has demonstrated a willful intention to avoid fulfilling financial obligations through deliberate misconduct.'" ( Id. at p. 163, ) In Meegan, the trial court made factual findings that the husband did not quit his job to avoid spousal support and that he was acting in good faith. ( Id. at p. 162.)