No one is being judgmental here. If anything, people in this forum (and this thread) tend to look at these things without judgment or emotion. Most of the regulars in here are professionals who work on the plan side of things. We could care less what the reasoning is or motives are, because they do not matter. The only thing that matters is whether you have a DRO that can be qualified. If you do, the AP can get paid from the plan. If you don't, AP can't get paid plan.
It doesn't matter what the parties agree to if they didn't verify that the plan can actually execute the agreement. For purposes of the plan fiduciary, the only thing that matters is that the plan act according to its rules and procedures.
If Fidelity is making the determination that the DRO is not qualified, they must have more authority than just being the TPA. That aside, are you 100% certain that they are wrong in not qualifying the DRO? If you are asking them to do something they cannot do, the problem is not with Fidelity or the Plan Admin, it is with the limitations put on the DRO by the Judgment of Divorce.
Take the emotions out of your argument. Im sure Fidelity would be thrilled to have a QDRO so that they could be done with this as well.