The divorce decree stipulated the QDRO was to be done by an agreed upon QDRO attorney. It was. The major company I work for has a QDRO department. The decree also stipulated that the time period was from date of marraige to service of divorce papers (4 years). The company was subponeaed and provided all records they had. When asked about the missing monthly statements they stated that they don't exist. They told our attorney a different agency was handling the 401 for that period and did not provide monthly statements. The QDRO attorney had no alternative and stated that he has seen that before. IF the statements don't exist then they don't exist. I cannot magically produce them. I know the amout of worth at time of marriage was significantly larger the the total worth at time of divorce, that appears to me to show a loss which is not reflected in his monthly calculations. It would appear to me that there was a major loss during the 14 month period, however, I cannont prove it without the statements. The ex however, wants to almost double his calculation without any logic for her figure I would not agree. The QDRO attorney sent out his finished QDRO which I say I will sign and she will not.
The issue of the loans against the QDRO being my sole responsibility I disagree. The ex says she was not aware of the loans and how I spent the money. Living with her for 4 years there was nothing she did not know about money that I got and opened my bi-weekly pay check on a regular basis. My position is there is no way she did not know about the loans and how the money was spent. It was spent for our benifit and should be 50-50. Anyway she will not sign based on these issues.
Can I sign it and have an attorney file is with a explaination or should I get an attorney to file some type of motion that I have completed my obligation or is this going to end up in court anyway and just wait till she takes action?