Legal Question in Family Law in Louisiana

Is it true that filing a motion to require my former spouse to apply for his pension benefits at eligibility age unless he doesn't freely elect to do so sooner is a frivolous motion, with no basis in Louisiana law, and if that motion occurs it would expose the attorney and client to sanctions for wasting court time? I want to verify this is correct information because if it isn't, then I want to proceed now with that. I was told by a lawyer on this site that it wouldn't be out of line to file that at the time of eligibility if my former spouse didn't a


Asked on 7/16/11, 7:29 pm

2 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

You are getting the same attorney each time you ask this same question, no matter how many times you ask it. What you have been told apparently by more than one attorney is that you have no cause of action until your spouse does or fails to do something in contravention of the orders of the court either in your custody papers or in your community property settlement. If a time certain for applying for benefits was not ordered in the judgment, then he can apply when he wishes. There are certain pensions in which the partition agreement must be specific as to these matters.

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Answered on 7/17/11, 5:17 am


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