In Re Marriage Of Meegan

11 Cal.App.4th 156 (1992)

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Nature of the Case

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Facts

After more than 23 years of marriage, H and W were divorced. H's net disposable income was $4,700 per month. W was a nurse and had a monthly net disposable income of $1,900. H was ordered to pay $739 per month for spousal support. In 1991, H decided to pursue a life of religious observance and prayer. He resigned from his job as a sales executive, joined an order of the Catholic church, and entered the Holy Trinity Monastery in St. David, Arizona. H supported himself from his savings and, though he was no longer employed, continued to contribute 875 per month toward his two adult daughters' college educations and expenses. H agreed to pay his 25- year-old daughter $300 per month, and his 19-year-old daughter $425 per month plus $150 a month for her car insurance, until they graduated and found employment. H, in his mid-50s, filed an order to show cause for modification seeking to terminate his obligation to pay spousal support. H indicated his plan to become a Catholic priest and would no longer be able to pay spousal support. H estimated it would take four and a half to five years to become a permanent member of the religious order, prior to which time he could be asked to leave. He conceded the church might not permit him to become a priest. H would have to obtain an annulment of his marriage before he could make his vows. At the time of the hearing, he had not started the annulment process. He was not obligated to pay money to the church for his residence at the monastery, and the church supplied his food and drink. H had $4,873 in checking accounts, $16,379 in a savings account, and stock worth $73,000. He received $4,700 from his pension plan when he resigned from his job. H gave $ 4,000 to the church. W testified her income was $28,000 per year at the time of the dissolution and that she had $70,000 in assets, including equity in her home. H contended W's income increased 30 percent between the time of the dissolution and the time of the order to show cause. The court entered an order reducing the spousal support to zero, ruling. The court determined H was acting in good faith and did not resign his job to avoid his spousal support obligations. It found that W had the capacity 'to be financially independent without a substantial reduction in her standard of living. The court denied W’s request to create a lien in her favor on money and other property owned by H. W appealed.