- 5 -
$1,918 to New Star Insurance;7 and $6,000 to State Farm
Insurance.8
Sometime in 1999, Ms. Thiellesen filed a petition with the
Circuit Court seeking enforcement of petitioner’s $75 weekly
child support obligation. On February 15, 2000, the Circuit
Court issued an Opinion and Order (order) holding that the
parties’ private agreement was void and unenforceable because
parents may not bargain away a child’s right to support. The
Circuit Court was not persuaded that the noncash items benefited
Nicole as to constitute child support, but held that the checks
totaling $6,892 were tantamount to direct payments of child
support, which would be credited toward petitioner’s outstanding
child support obligation. The Circuit Court calculated
arrearages against petitioner and then reinstated petitioner’s
child support obligation.
At trial, petitioner testified that he discussed with his
attorney about suing Ms. Thiellesen for restitution in the amount
of $34,352, which was calculated as follows: The total amount of
payments made pursuant to the private agreement less the amount
determined by the Circuit Court as child support; i.e., $41,244 -
$6,892 = $34,352. Petitioner’s attorney, however, “felt that
7 New Star Insurance provided the insurance coverage for
the truck. Petitioner paid the insurance as it came due.
8 Petitioner paid for an investment fund and a universal
life policy for Nicole.
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Last modified: May 25, 2011