Cited by
Opinions in Louisiana that cite Sims v. Sims, 358 So. 2d 919.
- Defley v. Defley 539 So. 2d 928 La. Ct. App. 4th Cir. 1989
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Succession of Egan
543 So. 2d 940
La. Ct. App. 5th Cir. 1989
the interest of a spouse in her husband's retirement and held such retirement benefits to be an asset of the community.
- Rollison v. Rollison 541 So. 2d 375 La. Ct. App. 2d Cir. 1989
- Roberts v. Roberts 542 So. 2d 517 La. Ct. App. 5th Cir. 1989
- Hebert v. Hughes Tool Co. 535 So. 2d 42 La. Ct. App. 1st Cir. 1988
- Rose v. Rose 535 So. 2d 1167 La. Ct. App. 2d Cir. 1988
- Johnson v. Johnson 532 So. 2d 503 La. Ct. App. 1st Cir. 1988
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Lachney v. Lachney
529 So. 2d 59
La. Ct. App. 3d Cir. 1988
Recent scholarly commentaries suggest that in attempting classification of disability payments an examination should be carefully made to determine whether the benefits represent deferred compensation in the nature of retirement or pension income and, if so, and T.L.
- Byrd v. Byrd 528 So. 2d 631 La. Ct. App. 2d Cir. 1988
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Anderson v. Anderson
520 So. 2d 1236
La. Ct. App. 5th Cir. 1988
our Supreme Court established guidelines and computations for determining the respective parties interest in pension payments.
- Scott v. Scott 519 So. 2d 351 La. Ct. App. 2d Cir. 1988
- Eskine v. Eskine 518 So. 2d 505 La. 1988
- Burrell v. Burrell 518 So. 2d 569 La. Ct. App. 4th Cir. 1987
- Lamartiniere v. Lamartiniere 520 So. 2d 828 La. Ct. App. 3d Cir. 1987
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Little v. Little
513 So. 2d 464
La. Ct. App. 2d Cir. 1987
While these cases involved benefits which vested by the date of termination of the community
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Mara v. Mara
513 So. 2d 1220
La. Ct. App. 4th Cir. 1987
the plaintiff would be entitled to benefits as follows: *1223 Portion of pension attributable to creditable service during existence of community (4 years 10 months) × ½ × annuity Pension attributable to total (or lump sum creditable service payment) (still undetermined) Mortgage Payments and Rental Facto
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Kees v. Kees
509 So. 2d 189
La. Ct. App. 1st Cir. 1987
The cases cited by appellant, and others, are not persuasive.
- Howard v. Howard 499 So. 2d 222 La. Ct. App. 2d Cir. 1986
- Henson v. Henson 499 So. 2d 1024 La. Ct. App. 3d Cir. 1986
- King v. King 493 So. 2d 679 La. Ct. App. 2d Cir. 1986
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Roy v. Landry
489 So. 2d 1018
La. Ct. App. 1st Cir. 1986
The Supreme Court of Louisiana, per Tate, J., applied the principles laid down in T.L.
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Lovell v. Lovell
490 So. 2d 330
La. Ct. App. 1st Cir. 1986
at 923 (La.1978), which treated the rights of the spouses under a United States government retirement plan upon dissolution of the community, is relevant: At the time of the dissolution of the community, as well as of the present date (at which, we are informed by the briefs, the husband is still employed as an air t
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Michel v. Michel
484 So. 2d 829
La. Ct. App. 1st Cir. 1986
recites the following rule which has been applied by the trial court: "Accordingly, except in an isolated decision to be noted below, our courts have uniformly held that, at the dissolution of the community, the non-employed spouse is entitled to judgment recognizing that spouse's interest in proceeds from
- Rose v. Rose 483 So. 2d 181 La. Ct. App. 2d Cir. 1986
- Campbell v. Campbell 474 So. 2d 1339 La. Ct. App. 2d Cir. 1985
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Taylor v. Taylor
473 So. 2d 867
La. Ct. App. 4th Cir. 1985
The chronology of the petition for separation and the establishment of the plan presents a novel question, and T.L.
- Ramstack v. Krieger 470 So. 2d 162 La. Ct. App. 4th Cir. 1985
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Hunter v. Hunter
468 So. 2d 734
La. Ct. App. 1st Cir. 1985
Appellee argues that the amount shown represents one-half the value so as to reflect the non-cash transfer or valuation given to Mr. Hunter.
- Lewis v. Lewis 467 So. 2d 179 La. Ct. App. 3d Cir. 1985
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Russell v. Russell
465 So. 2d 181
La. Ct. App. 3d Cir. 1985
for Justice Tate's discussion of the history of such pensions as community property.
- Matter of Succession of Sims 464 So. 2d 991 La. Ct. App. 1st Cir. 1985
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Walker v. Walker
463 So. 2d 912
La. Ct. App. 2d Cir. 1985
State Police Retirement System); 5 USC 8345-6 (federal retirement system) [2] ; LRS 17:572; (La.App.
- Lowe v. Lowe 463 So. 2d 755 La. Ct. App. 5th Cir. 1985
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McCOY v. McCOY
460 So. 2d 641
La. Ct. App. 1st Cir. 1984
James & Company, are controlling in this case, and, accordingly, Louisiana State Employee’s Retirement System’s pension funds are community property.
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McCoy v. McCoy
460 So. 2d 641
La. Ct. App. 4th Cir. 1984
James & Company, (La.
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Inzinna v. Inzinna
456 So. 2d 691
La. Ct. App. 5th Cir. 1984
for Justice Tate's discussion of the history of such pensions as community property.
- Simmons v. Simmons 453 So. 2d 631 La. Ct. App. 3d Cir. 1984
- Jett v. Jett 449 So. 2d 557 La. Ct. App. 1st Cir. 1984
- Rohring v. Rohring 441 So. 2d 485 La. Ct. App. 2d Cir. 1983
- Zeigler v. Zeigler 420 So. 2d 1342 La. Ct. App. 3d Cir. 1982
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La. State Troopers Ass'n v. La. State Police, Etc.
417 So. 2d 440
La. Ct. App. 1st Cir. 1982
T. L. James & Co., (La.App.
- Miller v. Miller 405 So. 2d 564 La. Ct. App. 3d Cir. 1981
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Succession of Jackson
402 So. 2d 753
La. Ct. App. 4th Cir. 1981
the court indicated that the non-employed spouse was entitled to share in the proceeds of the annuity contract which had accrued during the community.
- Kennedy v. Kennedy 391 So. 2d 1193 La. Ct. App. 4th Cir. 1981
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Thrash v. Thrash
387 So. 2d 21
La. Ct. App. 3d Cir. 1980
[2] In T. L. James & Company, the Supreme Court clearly set forth the guidelines to be followed in determining the community's interest in deferred compensation plans, be they private or public, acquired during the existence of the community.
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Ware v. Ware
365 So. 2d 842
La. Ct. App. 1st Cir. 1978
4 Cir. 1974, , writ refused , is questioned by Sims v. Sims, La.1978, n. 1 .