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NO. 22608 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

AYAKO KATAKURA,

) ) Plaintiff-Appellant, ) ) vs. ) ) RICHARD S. KATAKURA, ) ) Defendant-Appellee. ) ______________________________)

FC-D NO. 92-1128 APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT COURT

MEMORANDUM OPINION Plaintiff-Appellant Ayako Katakura (Ayako) appeals the family court's May 20, 1999 "Order Denying Plaintiff's Motion for Judgment Against Defendant for Failure to Pay Alimony Filed on 4/8/99" (May 20, 1999 Order). We affirm.

BACKGROUND Ayako was born on August 28, 1933, and DefendantAppellee Richard S. Katakura (Richard) was born on March 8, 1933. Ayako and Richard were married on September 27, 1952. filed a Complaint for Divorce on March 19, 1992. Ayako

According to

the Matrimonial Action Information form, Ayako was then an employee of Shiro's in Waimalu and Richard was an employee of the KFC Group. The Agreement Incident to Divorce was filed on July 16, 1993. It stated in relevant part as follows:

2. Alimony. [Richard] shall pay to [Ayako] as and for alimony, the sum of $650.00. Said sum shall be payable directly to [Ayako] in two (2) equal installments of $325.00 each on the 5th and 20th days of each month, commencing on August 5, 1993. Payments shall continue until [Ayako's] remarriage, or until the death of either party, or until [Richard] retires, whichever occurs first, subject to further order of the Court. . . . . . . . 5. Retirement, Pension, IRA, Profit-Sharing, Annuity and/or Other Deferred Compensation Benefits. All of the parties' retirement, pension, IRA, profitsharing and/or other deferred compensation benefits shall be divided between the parties by using the following formula: [Yrs] of Marriage While in the Plan Total Yrs in the Plan x

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Hawaii Law