QDRO Discovery Questions

[Guest DougR]

6-1999 Consent decree prepared through mediation. Second opinion legal advice obtained. Wife obtained BS, MS, PhD during marriage with no offsets in decree. Wife retains her business with no offsets in decree. Parties to equalize Husbands 401k, Husbands Rollover, Husbands Pension and Wifes IRA.

8-1999 401k split completed.

5-2000 Wife's accountant unable to complete Rollover QDRO.

11-2002 Wife files 3 Motions of Contempt including failure to complete QDRO.

3-15-2003 Judge rules against Wife on all motions, Court assigns attorney to prepare QDRO.

3-18-2003 Husband informs Wife he has retained attorney to prepare QDRO.

8-2003 Husband informs QDRO attorney Wife's IRA account is empty. Wife fails to resolve issue.

1-2008 Wife retains unqualified attorney to complete 2003 QDRO. Attorney seeks to "insert valuation date of 3-21-2003" and demands Husband to sign.

1-2008 Husband retains impartial QDRO lawyer and personal attorney. Attorney finds Husband received faulty legal advice regarding allocation of assets that favor Wife in consent decree.

6-2008 Husband discovers Wife transferred personal IRA subject to a QDRO to her corporate investment account on 3-22-2003.

8-2008 Husband discovers Wife withdrew corporate investment funds to pay personal attorney fees with a corporate check on 4-02-2003.

9-2008 Husband discovers Wife deducted $30,000 of personal attorney fees on her 2004 corporate tax return through a discussion with Wife's second ex-husband. Why did he reveal that when he could be liable for tax evasion? Well, he depreciates himself and he too was easily duped into a decree that favored Wife with nearly all the assets and gave him $50,000 of her credit card debt.

10-2008 Wife's attorney reaffirms valuation date of 3-21-2003 and asks for gains on Husbands asset since that date.

10-2008 Husband's attorney sends letter declaring discovery of 3-22-2003 transfer, 4-02-2003 withdrawal, corporate payment of personal legal fees, and corporate deduction of personal legal fees.

7-2009 Wife files Motion asking Court to approve QDROs with a marital community termination date of 3-21-2003 and without gains after 3-21-2003.

How shall Husband respond to the motion? May Husband request discovery beyond 3-21-2003? If Wife's asset to be divided was spent, does that render a QDRO on that asset void? Shall Husband ask Court to order Wife to produce documents beyond 3-21-2003, such as cancelled checks and corporate tax returns to prove tax evasion? Will the Court dismiss Wife's money laundering and tax evasion as out of their jurisdiction? Husband realizes he was duped in 1999. How may Husband void one or both of the remaining QDRO's (Rollover/IRA and pension)?

Thanks, Doug