Document: MOTION
Link: [Open PDF](https://42o.org/l3g4l/375.0 MOTION 2020-05-15 .pdf)
Filing Date: 2020-05-15
Summary (Justice Demanded)
The court documents reveal a concerning potential bias against Aaron Surina, in several respects, raising valid concerns about potential judicial bias and unethical conduct. The Qualified Domestic Relations Order (QDRO) filed by his ex-spouse, Sirinya Surina, requests a significant allocation from Aaron’s total vested account balance in his 401(k) Plan to her, without considering Aaron’s financial needs or future security. The decision lacks transparency and does not provide any explanation or justification for this amount.
Furthermore, the QDRO stipulates that Sirinya’s award is not entitled to earnings from the Valuation Date to the date the award is segregated from Aaron’s account. However, the reasoning behind Aaron bearing the losses or gains during the interim period is unclear and potentially unjust. The document also omits any clarification on the handling of any outstanding loan balance as of the Valuation Date, which further complicates the situation and underscores the perceived bias against Aaron.
Moreover, Aaron’s assets under the Plan appear to be liquidated using a ‘last in, first out’ methodology if there are insufficient funds in the standard plan investment options to meet Sirinya’s award. This action could significantly impact his financial stability and investment strategy. The document also imposes the one-time review fee of the domestic relations order solely on Aaron, which seems unfair.
Lastly, the recent Order is intended to replace the prior Qualified Domestic Relations Order dated 12/20/2019, implying that the terms have been changed without adequately considering Aaron’s interests or giving him the opportunity to agree to these new terms. This suggests an unfair process against him, further raising concerns about potential judicial bias and unethical conduct.
Overall, the document seems to be skewed in favor of the Alternate Payee, Sirinya Surina, to Aaron’s disadvantage, lacking fairness, transparency, and potentially violating the principles of fairness and justice. For a comprehensive analysis, more detailed information or the content of the order would be needed.