Legal Question in Family Law in Louisiana

I have a Community Partition Judgment for half of any (if any) benefits in the name of my former spouse through LASERS of Louisiana. Is it a frivolous filing if I file a motion now to require him to apply for his LASERS benefits by eligibility age, unless he freely elects to get a refund of his benefits sooner? I was told it was a frivolous filing now, because there is no legal basis. It might expose us to sanctions. Is it a frivolous filing, and if it is now frivolous, will it still be frivolous to file when he reaches 60, the age of eligibility?


Asked on 7/15/11, 1:44 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

It has not become an issue yet, so there is no basis at this time. If he fails to file at the appropriate time, you may have an issue of law.

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Answered on 7/15/11, 4:31 pm


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