Alcalay v. Alcalay

FOX, P. J. Plaintiff appeals from that portion of the interlocutory decree which awarded her alimony of only $1.00 per year and denied her counsel fees and court costs.

Plaintiff and defendant were married in June 1952 and separated in September 1959. They have one child, Judith Leiba, born in March 1955. Plaintiff was awarded an interlocutory decree of divorce on the ground of cruelty. She was also awarded custody of the minor child. The father was ordered to pay plaintiff $25 per week for the support and care of the child.

The husband is employed by the State of California as an auditor and earns $644 gross per month.' His take-home pay is said to be $486.58. As a result of his employment by the State, the husband had accumulated $3,988.37 in the State Employees’ Retirement System which was community property. The decree provided that the plaintiff have a money judgment against defendant for $2,500 in lieu of her community interest in the State Employees’ Retirement Fund and as part of the division of the community property; that said amount with interest thereon at the rate of 7 per cent per annum shall be paid to her in installments of $75 per month, including interest, commencing March 1, 1960, and continuing until said sum and interest have been paid in full. Certain furniture and furnishings and tools were awarded to plaintiff while other household furnishings, camera equipment and machine tools were awarded to defendant. The court divided equally a fund of $220 which defendant had in his possession. It was also determined that a 1950 Dodge automobile was the separate property of defendant and that certain described real [822]property in Portland, Oregon, was the separate property of plaintiff.*

Prior to the marriage, plaintiff had been employed at J. W. Robinson’s as assistant to the manager of Accounts Receivable. For some time prior to the separation, plaintiff devoted practically full time to the care of her ailing mother. The testimony as to whether she received compensation therefor was in sharp conflict. The court made no express finding on this matter. In order to render this service for her ailing mother, it was necessary for her to place the child with a third party. The expense therefor was paid by her brothers. There was testimony indicating that plaintiff was in ill health and that she was under the care of a physician. The court made no finding, however, as to her physical condition nor as to whether she was physically able to carry on remunerative employment. There was also testimony indicating that defendant was in need of extensive dental work that was quite expensive and a new hearing aid.