Document: MOTION
Link: [Open PDF](https://42o.org/l3g4l/357.0 MOTION 2020-02-10 .pdf)
Filing Date: 2020-02-10
Summary (Justice Demanded)
The document summarizes a motion filed by Sirinya Surina, Aaron Surina’s ex-spouse, seeking a court order compelling Aaron Surina to sign a pre-approved QDRO (Qualified Domestic Relations Order) from Fidelity. The document, however, lacks transparency and fairness, failing to provide a statement of facts, grounds for the motion, or any evidence supporting the motion. Aaron Surina is not given an opportunity to contest or negotiate the order’s terms, suggesting a possible lack of due process.
The QDRO stipulates that Sirinya Surina is entitled to $16,595.88 from Aaron Surina’s vested account balance without any clear calculation or substantiation of this amount. Moreover, it indicates that Aaron Surina’s ex-spouse’s award will not earn any return from the valuation date to the date the award is segregated from Aaron’s account, potentially favoring Sirinya Surina unfairly.
The document assigns Aaron the responsibility for a one-time fee for the review of the domestic relations order without providing any justification for this decision. This financial burden, coupled with the ambiguous definition of “insufficient funds,” could lead to an unjustifiable liquidation of Aaron’s assets.
Furthermore, the document outlines that should the Plan Administrator inadvertently pay benefits that belong to the Alternate Payee to the Participant, Aaron is expected to return these benefits immediately. However, it fails to provide safeguards against such errors or compensation for Aaron if such an error occurs, indicating a potential bias against him.
The QDRO is intended to supersede a previous order dated 12/20/2019, yet the document does not elaborate on the necessity of this new order or how it is more beneficial or fair than the previous one. This obscurity can be perceived as a lack of transparency in the court’s proceedings and an unjust action against Aaron.
In conclusion, the document lacks sufficient detail and transparency, failing to provide specific instances of the division of assets, the terms of the QDRO, or any relevant proceedings regarding this order. It appears to exhibit elements of bias against Aaron Surina, indicating potential injustices and unethical conduct in the proceedings.
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