Legal Question in Family Law in Louisiana

I need to know the specific answer to these two questions. One is can I file a motion in LA to force my former spouse to apply for his LA state pension benefits by eligibility age, only if he doesn't freely elect to do so sooner? I have been awarded half of any benefits through the Louisiana retirement benefits system in the name of my former spouse through a LA Judgment, but since he moved to another state in 2010, he has cut off all ties with LA and was found in contempt of nonpayment of permanent support for 3 months. He also refuses to communicate with me. I would like to have a motion filed, based on a change of circumstances where he has been found in contempt of nonpayment, and his refusal to communicate shows he may not ever apply. Also, if I presently have visitation in my former spouse's new home state three times yearly, but if I want to change that schedule to a more frequent schedule, can I do that in LA, or does my LA Judgment need to be filed in WI and litigated there?


Asked on 6/25/11, 7:08 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

You need an attorney who handles QDROs. They are tricky and need to be prepared correctly in order to insure payment. The Louisiana court has jurisdiction until it is changed by the court. You can make your judgment executory in WS-but a thorough consultation with an attorney would be wise before doing so. If he is failing to communicate and keeping you from your child, the court may order a change of custody.

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Answered on 6/25/11, 7:44 pm


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