Legal Question in Family Law in Louisiana

I will try to ask this question as clearly as possible for I asked it before but I think I was misunderstood. My former spouse worked for the state of Louisiana and is entitled to pension benefits. We are divorced, and there is a QDRO on file at the Louisiana State Retirement System, which states that I'm entitled to a percentage of his benefits when they come available. They will only come available when he applies for them. The problem I forsee is that he will never apply for them. He has moved to WI and has tried to cut off all communication with me, his lawyer (who he let go of), and my lawyer. I'd like an answer as to whether there's a way I might be able to force him to apply for the benefits, even if the Community Judgment Partition and QDRO don't state he must apply, they only state I'm to receive benefits. If I can't force him to apply, can I try to prove he's mentally ill and doesn't know it's in his best interests to apply and will that work?


Asked on 6/01/11, 7:24 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

You have asked this question so many times, you must be very distraught and I can understand why. If you did not address the early disbursal in the QDRO, you may have difficulty changing it now. They are complex and very specific. You can motion the court to order a change in the Court the community property division was granted, but depending on when it was done, it may or may not be successful. You don't have enough contact with him to be successful in having him declared unfit. However, your daughter appears to be unable to care for herself and a guardian will have to be appointed in Wisconsin. You may be able to be named guardian. I would suggest finding a Wisconsin attorney and discussing this with him/her. I would also find an attorney who specializes in QDROs and discuss possibilities of amending the completed QDRO.

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Answered on 7/02/11, 9:02 am


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