Assume a medical doctor making roughloy $500K/yr in anesthesia. 
During the early part of his divorce he decides to move to a lower
paying position in Internal Medicine (roughly $175K/yr).  Can a judge
impose a maintenance agreement that uses his former rate of pay as the
baseline (this awarding the spouse more than the doc is now making)?

What if the doc was to quit and flip burgers for a living?

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Clarification of Question by spraguedawleylabrat-ga on 03 Apr 2006 13:00 PDT

Allow me to clarify this question a little.

The judgement has not yet been entered, as the case isnt docketed
until June.  This question arose as the Doctor in question (my friend)
quite seriously would rather cease working in medicine or at best,
work in a different area of medicine rather than end up as his soon to
be ex's "wage slave" (i.e., he only worked in this area to maintain
the marriage, and now that its over, he'd really prefer the free time
to the money).  His lawyer told him that he could be hit with a
maintenance order commensurate with his former salary if he dropped to
a lower salary level in medicine, or even if he was to quit medicine
all together.

This seems wrong - literally a "slavery" scenario, and I am
incredulous that it could be possible.

Do you have a copy of the maintenance order?

Here is my opinion.. Note that I am NOT an attorney, but I do have a
J.D. (Awaiting admission to the CA bar).  As such, I must recommend
that you consult an attorney.  Particularly with the amount that is
seemingly at stake in such a case, AN ATTORNEY'S CONSULTATION IS
STRONGLY ADVISED.

First, you must determine if the maintenance order is modifiable or
non-modifiable.  By law, the court must state which it is on the
order.

If it is non-modifiable, there would be a very difficult case for
modifying the maintenance amount.  You would have to file a motion for
modification, and then likely appeal the decision with a claim that
making the original order non-modifiable was an abuse of discretion by
the original court.  Although this is a difficult standard of proof,
it is not impossible.

If the order is modifiable, then the Doctor would conceivably be able
to reduce the maintenance amount with a motion to modify.  A
maintenance order may be modified, according to Missouri Law: "any
judgment respecting maintenance or support may be modified only upon a
showing of changed circumstances so substantial and continuing as to
make the terms unreasonable. In a proceeding for modification of any
child support or maintenance judgment, the court, in determining
whether or not a substantial change in circumstances has occurred,
shall consider all financial resources of both parties, including the
extent to which the reasonable expenses of either party are, or should
be, shared by a spouse or other person with whom he or she cohabits,
and the earning capacity of a party who is not employed." § 452.370
R.S.Mo.
A decrease in annual income of $15,000 (Along with an increase in
earning capacity of the other party) was considered a substantial
change in circumstances in the case of a doctor in Missouri,
sufficient for a modification/termination of maintenance.  (See 581
S.W.2d 421).  Thus, it seems that a decrease in income of $325,000
would also serve this purpose.  However, it may be against the doctor
if he had other means--capital, investment income, holdings,
etc...--with which to make the maintenance payments.  It may also be a
problem if the choice to work a less profitable job was voluntary.  He
would be best off if it were for a health reason, or something out of
his control.  However, this may include having to work in a less
stressful job for health reasons, or some other reason for reducing
his earning capacity (this is where expert testimony comes in).  The
court would not look favorably on a party who reduced his income
maliciously to avoid paying a large amount to his former spouse.  But,
it is my opinion, that if there is a good reason, and the maintenance
order is modifiable, the court would be likely to reduce the
maintenance amount due to changed circumstances.

I wish to make it clear that this is ONLY AN OPINION about your
hypothetical situation, and NOT LEGAL ADVICE.

PLEASE SEEK THE ADVICE OF LEGAL COUNSEL.

The Child Welfare Department in Australia does. It bases the payments
that a separated father has to pay the ex- wife, for the child, on his
earnings from two years previous. With no respect for his current
situation. Some men have had to flee Australia to Canada to ' get out
from under'. And the child suffers.

Did you read the clarification prior to answering this question?

your friend's lawyer is on point, the judge has wide discretion in
this matter if he/she feels your friend quit his job or accepted lower
job to deprive his soon to be ex-wife of monies that he if they had
stayed married would have earned the judge could see this as spite and
order alominy based on his present level of income, happens quit bit
man/women work their but off for the family make good monies spends
many hours away then divorce and they say heck if that is case then I
am going to work less hours or part time judge says no way we are
going to figure your earings as if your where 100% into the marriage,
also did wife work when husband went threw school if so she could be
entitled to half the value of his doctor degree

now only hope if your friend could get a medical opion saying he can
no longer work in his field becasue of X, thus must work in field A
based on medical not intetional then a shot but he can not choose to
earn less since they will get divorce becasue after divorce is
setttled alminoy set he could then decided to return to higher paying
job thus depriving wife of income