Alcalay
Alcalay v. Alcalay
Opinion
Lead Opinion
Fox, 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…