Opinion
NO. 19-C-95
10-25-2019
ROBERT DANIEL LOCKWOOD v. STACEY M. LOCKWOOD
Susan Buchholz First Deputy Clerk IN RE ROBERT DANIEL LOCKWOOD APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUVENILE COURT, PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE M. LAUREN LEMMON, DIVISION "D", NUMBER 74,415 Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Marc E. Johnson
WRIT GRANTED; REMANDED WITH INSTRUCTIONS
Relator, Robert Lockwood, seeks review of the trial court's February 1, 2019 order that denied his Motion to Sign a QDRO to Partition the La. Society of CPAs' Retirement Account. The oral order mandated that Mr. Lockwood pay past due child support amount out of the proceeds he will receive from the Qualified Domestic Relations Order ("QDRO") concerning Stacey Lockwood's 401K Plan.
In its April 3, 2017 judgment of partition, the trial court allocated one-half of the community interest in Ms. Lockwood's 401K Plan to Mr. Lockwood, pursuant to a QDRO. The court also found that Mr. Lockwood owed Ms. Lockwood an equalization payment in the amount of $24,838.45, which included $43,800 for child support. The parties were given the option to subtract Mr. Lockwood's equalization payment from his portion of Ms. Lockwood's 401K Plan. The QDRO was prepared by the Plan Administrator with $24,838.45 being deducted from Mr. Lockwood's benefit amount. Due to disagreements between the parties, the QDRO was not signed by either party. Mr. Lockwood motioned the court twice to order Ms. Lockwood to sign the QDRO. A hearing on the matter was set for February 1, 2019.
The Order was prepared by Beau P. Sagona, a board certified estate planning and administrative specialist. Along with a letter dated May 1, 2018, Ms. Lockwood's attorney was mailed the "Qualified Domestic Relations Order" drafted in accordance with the April 3
At the hearing, Ms. Lockwood's attorney alleged that Mr. Lockwood owed $91,000 in child support. The trial judge questioned whether Mr. Lockwood would agree to pay what he owes to Ms. Lockwood with his proceeds from the QDRO and then stated, "I'm going to issue an order that Mr. Lockwood agrees, once he pays his attorney's fees to you and to Beau Sagona, if any, that he pay out of his proceeds of the QUADRO [sic], he pays what he owes to Ms. Lockwood." The trial judge ordered Ms. Lockwood's attorney to prepare "whatever document is necessary so that the QUADRO [sic] money will be protected to pay [Ms. Lockwood]." At the conclusion of the hearing, the trial judge stated, "We're not going to sign the QUADRO [sic] until Mr. Lockwood executes a document that's going to protect the money."
No evidence was introduced at the hearing pertaining to the amount of child support owed by Mr. Lockwood. Furthermore, a review of the official record reveals that no judgment has been rendered in the amount of $91,000 for past due child support that has been made executory.
Procedurally, a trial court partitioning community property is required to value the assets as of the time of the trial on the merits. Lockwood v. Lockwood, 17-644 (La. App. 5 Cir. 9/19/18); 256 So.3d 399, 402.
After review, we find that the trial court erred in ordering additional conditions to the signing of the QDRO. The April 3, 2017 judgment ordered that a QDRO be drafted accounted for $43,800 owed by Mr. Lockwood for child support, to which the equalization payment was deducted from Mr. Lockwood's benefit amount in the QDRO. The amount of $91,000 in child support was not valued at the trial on the merits of the partition. Thus, the amount determined by the trial court to be owed to Ms. Lockwood at the trial of the merits was properly accounted for in the QDRO. Therefore, we find that the trial court erroneously considered the alleged amount of $91,000 in child support at the hearing on Mr. Lockwood's motion—particularly considering that no evidence of the actual amount owed was presented—and subsequently ordering that Mr. Lockwood sign a document that would require him to pay an additional amount in child support out of his QDRO payment.
Accordingly, the writ application is granted, and we vacate the February 1, 2019 order of the trial court. Additionally, we order that the parties or their legal representatives to sign the Qualified Domestic Relations Order within thirty (30) days of the date this disposition is rendered.
Gretna, Louisiana, this 25th day of October, 2019.
MEJ
FHW
JGG
rd judgment.