Appeal from the Circuit Court of Cook County; the Hon. HARRY
A. ISEBERG, Judge, presiding. Judgment affirmed.
MR. JUSTICE STAMOS DELIVERED THE OPINION OF THE COURT.
Plaintiff, Vito Barbara, brought suit against defendant, Carmella Barbara, for divorce alleging physical cruelty and the wife counterclaimed also alleging physical cruelty. The matter was adjudicated without a jury and a judgment was entered in favor of the wife on her counterclaim for divorce with an award of $60 a week permanent alimony, $1,200 for attorney's fees and an automobile; the husband was awarded custody of their four minor children. Plaintiff appeals, but does not contest the judgment of divorce entered in favor of the wife; defendant cross-appeals.
The husband complains that the trial court erred in awarding the automobile (1963 Cadillac) to the wife; the allowance of attorney's fees of $1,200 was error or that in the alternative it was excessive; and that the award of $60 a week alimony is excessive.
The wife contends that the allowance of alimony was insufficient and should be increased to $150 a week and that the trial court erred in granting custody of their four minor children to the husband.
The parties were married on November 26, 1950, and at the time of trial the sex and age of their four minor children were as follows: the daughters were 14 and 13 years of age, the sons were 10 1/2 and 8 years of age.
By stipulation, a psychiatric examination was conducted of the parties and their four children.
Testimony of the Psychiatrist, on behalf of plaintiff:
He testified extensively regarding his examination and evaluation of the parties and their children. The husband displayed a high degree of dependency, but there was no evidence of psychosis or psychoneurosis and he was diagnosed as having a passive-aggressive type of personality disorder. The wife had a history of two episodes of psychiatric hospitalization and the symptoms clearly indicated some disorder of a paranoid variety. At the time of the examination there was no evidence of outright psychosis, but the mechanism of projection was overwhelmingly evident. The witness diagnosed the wife as a paranoid personality with a future paranoid break quite likely and presently she appeared to be quite disturbed emotionally. He found the children reacting negatively to the pressures of their mother's illness and if this condition continued the children could be pushed into actual clinical disturbances. In his opinion, the husband is the proper parent for the custody of the children and if the children were awarded to the wife it would be detrimental to her and the children. All the children displayed varying degrees of emotional turmoil and anxiety.
Testimony of Carmella Barbara, wife, called by plaintiff under section 60:
She is forty-six years of age and always took good care of her family. She struck the children only in an endeavor to discipline them. When the children visit her (the husband was awarded temporary custody) they do not really communicate with her and she feels they are angry with her and she cannot understand their attitude. When they see her on the street they ignore and pass her up and she does not want to force them to speak to her. Her husband never furnished her with any money but he paid for everything. She was last employed thirteen years ago. She has no assets or insurance and is solely dependent upon her husband for support. She was a patient at Michael Reese Hospital for four weeks in the psychiatric department and six weeks as a patient at the Illinois State Psychiatric Institute.
Testimony of Mary Rose Barbara, on behalf of plaintiff:
She testified she is fourteen years of age and the eldest daughter of the parties and recounted the difficulties and vicissitudes visited upon her and her siblings by her mother. She emphatically expressed her wish to remain in the custody of her father.
Testimony of Vito Barbara, husband testified:
On August 15, 1966, he took the parties' four children and moved into his sister's ten room apartment and has lived there with them since that date.
He is a mechanic, body man and truck driver, with a net take home pay averaging $125.00 a week. On direct examination he related he had owned his own trucking firm but he has not "worked them (his trucks)" since 1962, and he went out of business in June, 1966. He ...