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By February 1995, Ms. Thiellesen was destitute.4 Ms.
Thiellesen approached petitioner and asked him if he “could help
her out with some money.” Petitioner agreed to enter into a
private agreement with Ms. Thiellesen wherein he would prepay his
entire child support obligation due under the divorce decree by
1999, or 6 years early. At trial, petitioner testified that, at
the time of the private agreement, he had a workable relationship
with Ms. Thiellesen regarding the best interests of their
daughter and that he:
didn’t gain anything by doing this, by giving her [Ms.
Thiellesen] the money up front. It was basically to
help her out and see that my daughter was benefitted
from this.
Between 1995 and 1999, petitioner paid the total sum of $41,244,
including the following:5 $6,892 in personal checks to Ms.
Thiellesen; $26,000 for a new Dodge truck for Ms. Thiellesen;6
4 Petitioner testified that by this time Ms. Thiellesen had
filed for bankruptcy, that she did not have any money, that she
was losing her house in which Nicole lived part-time, and that
her car had been repossessed.
5 The enumerated amounts, which are rounded to the nearest
dollar, aggregate less than the total sum of $41,244. The
discrepancy is unexplained in the record.
6 In February 1995, petitioner financed the purchase of the
truck and made the monthly payments. It is unclear who is the
registered owner of the truck, but petitioner testified that
Nicole currently drives the truck.
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