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Cited by

Opinions in Louisiana that cite Sims v. Sims, 358 So. 2d 919.

196 citing documents.

  • Pamela Pratt-Cook v. Charles Ray Cook, St. La. Ct. App. 3d Cir. 2024
    11:291(G) In the instant writ application, Edwards argues that the trial court erred in finding that either she or LASERS is currently indebted to Cook for benefits despite those benefits not being payable prior to Edwards’ retirement, and thus deviates from a long line of Louisiana cases
  • Noel W. Yates v. Lisa J. Yates La. Ct. App. 3d Cir. 2023
    James & Co., v. Montgomery, (matured defined contribution plandetermined based on the contributions the employee made during the community), (defined benefit plandivided the amount of time in the plan during the community by the total number of work years to determine a percentage earned during the community), (Sims is not exclusive means of apportioning 9 We note that this account re
  • John Early, Jr. v. Karen Alston Early La. Ct. App. 3d Cir. 2021
    the supreme court found that a party has an interest in a former spouse’s pension funds or rights when they become payable to or for the former spouse, in the proportion that they are attributable to the former spouse’s employment during the community.
  • Glenn Alexander v. Magalin Blade La. Ct. App. 3d Cir. 2020
    In 2001, the parties agreed to a
  • Karen Ennis v. Lionel McManus La. Ct. App. 1st Cir. 2019
  • Hardy v. Hardy 273 So. 3d 448 La. Ct. App. 1st Cir. 2019
    Bordes, 730 So.2d at 448 ; , 923-24 (1978).
  • Elizabeth Webb v. Daniel Andrew Webb 263 So. 3d 321 La. 2018
    9:2801, which was enacted subsequent to Sims [v. Sims, (La.
  • Alicia Dawn Mason v. Robert Mason La. Ct. App. 3d Cir. 2018
    The judgment further provided that Ms. Ford’s
  • Mason v. Mason 260 So. 3d 609 La. Ct. App. 1st Cir. 2018
    The judgment further provided that Ms. Ford's retirement would be divided with Mr. Mason according to the formula set forth in Sims v. Sims
  • John M. Price, II v. Kellie Vercher Price La. Ct. App. 3d Cir. 2018
    The spouse seeking reimbursement has the burden of 4
  • Knobles v. Knobles 236 So. 3d 726 La. Ct. App. 5th Cir. 2017
    The parties decided that the CRP would be divided pursuant to the formula set forth in Sims v. Sims , , 922 (La.
  • Spivey v. Spivey 218 So. 3d 251 La. Ct. App. 2d Cir. 2017
  • Morgan v. Morgan 212 So. 3d 1235 La. Ct. App. 1st Cir. 2017
    Thereafter, on December 5, 2008, the parties entered into a stipulated judgment of partition of community property, (La.
  • William O. Belt v. Tracy Bryant Belt La. Ct. App. 3d Cir. 2016
    In his second and third assignments of error, to create a reimbursement obligation for the lifetime benefit resulting from his election of the Option 2 survivor benefit.
  • Belt v. Belt 209 So. 3d 974 La. Ct. App. 1st Cir. 2016
    In his second and third assignments of error, to create a reimbursement obligation for the lifetime benefit resulting from his election of the Option 2 survivor benefit.
  • Fleece v. Fleece 185 So. 3d 90 La. Ct. App. 2d Cir. 2016
    Tucker v. Tucker, 47,373 (La.App.2d Cir.8/1/12), , writ denied, 2012-1940 (La.11/9/12), .
  • Fulco v. Fulco 183 So. 3d 573 La. Ct. App. 2d Cir. 2015
    Credit Bureau on July 20, 2005; obviously the funds were part separate and part community
  • James E. Stewart, Sr. v. Dianne Denley Stewart La. Ct. App. 3d Cir. 2015
    That judgment ordered that the retirement interest of Mr. Stewart in the Louisiana State Employees’ Retirement System (LASERS), and the retirement interest of Ms. Denley in the Teachers Retirement System of Louisiana (TRSL)
  • Stewart v. Stewart 166 So. 3d 448 La. Ct. App. 1st Cir. 2015
    That judgment ordered that the retirement interest of Mr. Stewart in the Louisiana State Employees’ Retirement System (LASERS), and the retirement interest of Ms. Denley in' the Teachers Retirement System of Louisiana (TRSL), *450 (La.1978).
  • Regina Beth-Ann Gilley Ast v. David Lee Ast, Jr. La. Ct. App. 3d Cir. 2015
    A final judgment was signed on March 24, 2009, after having been approved as to form 1 the supreme court established a formula to be used in calculating community interests in retirement plan benefits which had not yet matured at the time of the community partition.
  • Ast v. Ast 162 So. 3d 720 La. Ct. App. 1st Cir. 2015
    the supreme court established a formula to be used in calculating community interests in retirement plan benefits which had not yet matured at the time of the community partition.
  • Delaney v. McCoy 152 So. 3d 1049 La. Ct. App. 2d Cir. 2014
    the supreme court held that a party has an interest in a former spouse’s pension funds or rights when they become actually payable to or for the former spouse, in the proportion that they are attributable to the former spouse’s employment during the community.
  • Pepper v. Pepper 146 So. 3d 276 La. Ct. App. 2d Cir. 2014
    The partition judgment states, in pertinent part: RETIREMENT/PENSION/ANNUITY/THRIFT SAVINGS PLAN OF CHESTER LAVELLE PEPPER, JR. WITH THE UNITED STATES POSTAL SERVICE IT IS ORDERED, ADJUDGED AND DECREED that the deferred compensation benefits of CHESTER L. PEPPER, (La.
  • Sigur v. Sigur 136 So. 3d 75 La. Ct. App. 1st Cir. 2014
  • Barker v. Barker 137 So. 3d 16 La. Ct. App. 1st Cir. 2013
  • Robeaux v. Robeaux 129 So. 3d 659 La. Ct. App. 1st Cir. 2013
    Mr. Ro-beaux contends that he participated in this retirement before and after the marriage; therefore, Ms. Robeaux is only entitled to half of the retirement accrued during the marriage
  • Davis v. Gravois 125 So. 3d 541 La. Ct. App. 1st Cir. 2013
  • Guerrero v. Guerrero 110 So. 3d 723 La. Ct. App. 5th Cir. 2013
    First, Subsection 2 in the section entitled “To Maritza Rodriguez” provided the following: Maritza Guerrero shall receive, and does hereby receive, her portion of Joseph Guerrero’s Federal retirement plan with the United States Navy, pursuant to the Simms [Sims] 1 case formula (Simms v. Simms [Sims v. Sims], ), and the parties stipulate that there are twenty-one (21) years of community service.
  • Tucker v. Tucker 103 So. 3d 493 La. Ct. App. 2d Cir. 2012
    is the seminal case in Louisiana establishing the method of valuation and division of the “community” interest in a spouse’s pension plan.
  • Delaney v. McCoy 93 So. 3d 845 La. Ct. App. 2d Cir. 2012
  • Laird v. Laird 69 So. 3d 1173 La. Ct. App. 2d Cir. 2011
  • Guerrero v. Guerrero 65 So. 3d 737 La. Ct. App. 5th Cir. 2011
    First, subsection 2 in the section entitled “To Maritza Rodriguez” provides as follows: Maritza Guerrero shall receive, and does hereby receive, her portion of Joseph Guerrero’s Federal retirement plan with the United States Navy, pursuant to the Simms [sic] case formula (), and the parties stipulate that there are twenty-one (21) years of community service.
  • Mildred Ellen Methvin v. James Thomas McManus La. Ct. App. 3d Cir. 2011
    The Settlement then outlined in a for partitioning retirement benefits.
  • Goines v. Goines 62 So. 3d 193 La. Ct. App. 1st Cir. 2011
  • Shirley A. Brouillette v. Kendrick L. Brouillette La. Ct. App. 3d Cir. 2010
  • Brouillette v. Brouillette 51 So. 3d 898 La. Ct. App. 3d Cir. 2010
  • Gorham v. Gorham 31 So. 3d 421 La. Ct. App. 1st Cir. 2009
  • Mayard v. Mayard 16 So. 3d 466 La. Ct. App. 2d Cir. 2009
    As previously stated, Mr. Mayard filed an “Answer and Reconventional Demand” in response asserting that the percentage should be 36 rather than 38 (La.
  • Legaux-Barrow v. Barrow 8 So. 3d 87 La. Ct. App. 1st Cir. 2009
  • LA. STATE EMP. RETIREMENT SYSTEM v. McWilliams 996 So. 2d 1036 La. 2008
    [7] *1040 The district court found that "the funds to be deposited to the registry of this Court by LASERS are survivor benefits rather than retirement benefits," did not apply to survivor benefits.
  • Anzalone v. Anzalone 25 So. 3d 836 La. Ct. App. 1st Cir. 2008
  • Wahlborg v. Wahlborg 973 So. 2d 180 La. Ct. App. 1st Cir. 2007
  • Oreman v. Oreman 971 So. 2d 1149 La. Ct. App. 5th Cir. 2007
    Bordes v. Bordes, 98-1004 (La.4/13/99), , recognized that a spouse's right to receive benefits payable by a retirement plan is an asset of the community
  • Bruno v. Bruno 971 So. 2d 350 La. Ct. App. 1st Cir. 2007
  • David James Jett, II v. Sharolette Brown Jett La. Ct. App. 3d Cir. 2007
    1 Since Sharolette was the plaintiff in the petition seeking to partition the community property, for purposes of the present appeal, Sharolette is referred to as “Plaintiff/Appellant.” 2 The Louisiana Supreme Court, enunciated a formula for the division of retirement accounts which had not yet matured at the time of a community property partition.
  • Jett v. Jett 957 So. 2d 368 La. Ct. App. 3d Cir. 2007
    [2] The Louisiana Supreme Court, enunciated a formula for the division of retirement accounts which had not yet matured at the time of a community property partition.
  • Welker v. Welker 954 So. 2d 225 La. Ct. App. 2d Cir. 2007
    Community Pension Partition Law Both issues in this appeal — the peremptory exception of res judicata and the substantive ruling by the trial court allocating Katherine's pension benefits — and Hare v. Hodgins, supra .
  • Jefferson v. Jefferson 946 So. 2d 191 La. Ct. App. 1st Cir. 2006
  • Allen v. Allen 941 So. 2d 62 La. Ct. App. 2d Cir. 2006
    At trial in May 2005, whereby she was entitled to 21% of James’s monthly pension, or $420 per month.
  • Overton v. Shell Oil Co. 937 So. 2d 404 La. Ct. App. 4th Cir. 2006