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Avoid Child Support
Why Child Support Is A Problem For Kathy
Child support puts my now ex-wife, Kathy De Fiori's prostitution at risk because Kathy can’t pay support with income she's hiding from prostitution, and she can't be legitimately employed in order to pay child support if she already has a job as a prostitute. As such, in return for agreeing to eliminate me as a previously established threat and receive the monetary rewards and the life giving (for pathologically narcissistic Kathy) attention and glorification of being a prostitute, two approaches were undertaken in an attempt to get Kathy out of child support:

Plan A - make it so that I was not entitled to be paid child support by having my father become legal guardian of my children. If that failed (which it did),

Plan B - stop me from getting a child support order by dragging out my divorce proceedings and harass my father in hopes he would deny me the financial support I now needed to continue litigation in my divorce. This plan also failed.

Underlying both plans was a goal to paint me as "crazy" (which came from all directions, so much so it became obvious and even comical)  and make Kathy look innocent and lily white thus putting the blame on me for the destruction of our family instead of the blame being Kathy was a criminal and a prostitute which is now clearly true.
Plan A
Kathy's best case scenario to avoid paying prostitute career ending child support was to run me out of town without a move-away order which would have put custody of my children at risk with the hope of my father being given legal guardianship of my children. With guardians, not being entitled to be paid child support that would have solved Kathy's problem (see "Deprivation of Custody" below). This approach was so important that Nevada County Superior Court Judge Robert L. Tamietti was tasked to step in for Commissioner Yvette Durant in order to set the stage for intimidating me in leaving Truckee without a move-away order (see "Criminal Judge"). This was the only time I faced Tamietti in my divorce.

How I know for certain Plan A was Kathy's initial and most desirable approach is because Kathy came straight out and told me. Once it became obvious that the plan to intimidate me out of Truckee that Tamietti was tasked with wasn’t going to work, Kathy came out of hiding to give it a shot. Kathy kept trying to scare me into up and leaving town telling me that if I left "The boys and you will be safe". Kathy didn't stop there. She went on to harass and pressure my father to get me to leave without the order so I had to fend off my father too. Kathy's abuse and manipulation of my father was endless. 

Kathy also just straight up started asking me to sign over legal guardianship to my father and again got my father to join in on pressuring me. Kathy and Karl intentionally and continually harassed my father so all he wanted was for this all to stop and Kathy kept trying to leverage off of her elder abuse of my father to get him to do what she wanted. Kathy failed every time.

Running my children and me out of Truckee without me getting a move-away was Kathy's best case scenario because:
  1. it was the quickest and easiest way to get Kathy out of child support,
  2. It did not require Commissioner Durant's corruption and Kathy's colluded bad faith to get Kathy out of child support in our divorce proceedings (which were  problems because it required motivation).
​Deprivation of Custody
​​Me leaving Truckee without a move-away would have been "deprivation of custody" (a type of child abduction on California Penal Code 278.5) because Kathy still had joint legal custody and visitation rights (even though she never called and never once even attempted to exercise a visitation). Willful violation of PC 278.5 could have put custody of my children at risk, or at the very least would have resulted in my father being given legal guardianship which would have got Kathy out of child support.  Judge Tamietti clearly overemphasized at the hearing and in the order that I was required to get a move-away order to ensure I could not plead ignorance which can be used as a defense in such cases (see http://www.shouselaw.com/deprivation-child-custody.html).


I foiled Plan A by: (1) refusing to leave Truckee without my children. Ironically, the reason I didn’t leave is because Tamietti said my children would go into foster care which was supposed to get me to up and leave Truckee without a move-away order, and (2) refusing to leave Truckee without a move-away order which was Tamietti’s goal and I would not do because it would have put custody of my children at risk. Bottom line, Plan A completely backfired because I would never risk being separated from my children.
Plan B
When I foiled Plan A the fall back Plan B was implemented. Plan B was a fall back which allowed me to leave Truckee with a move-away order and was then supposed to use harassment to try to get me kicked out of my father's house or in some other way deny me the financial means I needed to move forward in my divorce.

After harassing my father and avoiding being served for an evidentiary hearing while holding my children and me hostage in Truckee for 5 months failed to force me out of town, Kathy finally accepted defeat and went to court for a previously set status hearing on June 1, 2015 to allow me to get the order just so my children and I would leave town.

Plan B went like this: In collusion with Commissioner Durant, delay our divorce proceedings and attack, harass and annoy my father from all directions in hopes that he would kick me out of his house or otherwise get fed up and deny me the financial means I now needed (due to Kathy putting me out of work) to continue litigation. 

With the Moorpark Police Department taking over as the lead intimidators from the Truckee police in the well-coordinated harassment and smear campaign I got hit with upon my arrival in Moorpark, Kathy and Durant were successful at getting my father to kick my children and me out and denying me the financial means to continue litigation more than once; however, I was able to survive every time at the expense of my children living under continuous terror, fear and uncertainty.

Kathy and Commissioner Durant colluded to delay our divorce proceedings by:
  1. Kathy avoiding service (see "Corruption & Collusion" > "Avoiding Service"),
  2. Durant not granting me waiver of the fee for the sheriff to give notice and her having to lie, misrepresent the law and facts in order to do it (see "Corruption & Collusion" > "Denied Fee Waiver"), and
  3. Durant abusing her discretion to do such things as require me file a completely new child support motion rather than continue the follow-up child support hearing that Kathy skipped out on and use the force of law to compel Kathy to appear at the continued hearing.
Delay and Minimize Child Support
​In order to minimize child support below the State mandated guideline amount, Commissioner Durant first needed to find that Kathy had no income. Durant then needed to find that Kathy no vehicle in order to be able to rule that Kathy had no opportunity to work which Durant then used to abuse her discretion to avoid imputing any income on Kathy. This is how Durant did it:
  1. ​accepted Kathy’s verbal statements in court that she had no income and no vehicle without verification (see "Impounding Karl's Van" on the "Criminal Police" webpage),
  2. not only accepted, but defended as being in compliance Kathy’s obviously incorrectly completed and completely blank preliminary declarations of disclosures without question,
  3. ignored all facts I presented indicating that Kathy had both income and told me she had a vehicle, and
  4. denied me all discovery requests so I was unable to prove Kathy was lying.
​​Durant then needed to subjugate a very comprehensive earnings capacity analysis I prepared in order to rule that there were no grounds to impute any income on Kathy (see the child support "Declaration" and the "Points & Authority" below for my motion and analysis). Durant accomplished this by finding that Kathy had no vehicle or transportation and therefore Kathy did not have the opportunity to work; thus, Durant was able to abuse her discretion and avoid imputing any income on Kathy, not even minimum wage.

As she did throughout my divorce proceedings Durant completely ignored facts and evidence including ignoring the following in order to minimize Kathy's child support:
  1. ​​Kathy telling me that her friends called her car a "big white bus,”
  2. Kathy telling me that she was going to buy a vehicle from a friend, Leah Alexander, who with her husband John owns Sierra Motors in Sonora and she was going to make the car payment (from what income?) and put the car in her boyfriend's name due to Kathy having bad credit.
  3. that Kathy diligently used public transportation to get to work at the Resort at Squaw Creek (15 miles from our home that required a mile walk, a bus ride and a transfer) and hitched a ride back home every evening. Kathy was obviously motivated to be an object for men's gratification, but not motivated to provide for her children's welfare, and Durant was obviously of the same mind.
Having set the stage to defraud my children with the above, Durant felt free to criminally abuse her discretion and not only pick $350 per month out of thin air as being in our children’s best interest and meeting their needs, Durant even went so far as to determine that the guideline child support amount was zero) this did not make it into the minutes as was common throughout the proceedings) thus requiring a change in circumstances in order for me to motion for support to be modified.
Add it all up and . . . . PRESTO! Durant not only got Kathy out of paying guideline child support, but when you take into account the fraudulent property judgment Durant shoved down my throat  (see the "Dr. Jekyll and Mrs. Hyde" page) Kathy would not have to pay anything!! "AMAZING!"
​Declaration
​Points & Authority
Kathy failed to stop me from getting a child support order, but the battle isn’t over yet. What Kathy's corrupt conspirators, including the Ventira County Department of Child Support Services, are doing now is trying to maliciously dissuade me from getting a child support judgment in an amount that my children are entitled to under California State guidelines to replace the  anemic temporary order that Nevada County Commissioner  Yvette Durant conjured up in colluded fraud with Kathy during our divorce proceedings.
 
All that Kathy really ended up accomplishing was to forever alienate her children and turn me into her nemesis. Kathy now needlessly destroying my life and the lives of our children flipped a switch in me that will not be shut off until Kathy is put in prison for what she has done for a very long time.