2010.06.28 - Kyron's Dad files for divorce and restraining order

[Dr. Know?]

Definition of equitable distribution

Most states employ "equitable distribution" in dividing marital (community) property as a result of the dissolution of marriage (divorce). Instead of a strict fifty-fifty split (in which each spouse receives exactly one-half of the marital or separate property), equitable distribution looks at the financial situation that each spouse will be in after the termination of the marriage. While equitable distribution is more flexible, it is harder to predict the actual outcome, since the various factors are subjectively weighed. Factors considered in equitable distribution include:

1. Earning power of the spouses (one might be much greater than the other)

2. Separate property of the spouses (one might be greater in value than the other)

3. One spouse having done all the work to acquire the property


4. The value that one spouse contributed as the home-maker for the family

5. Economic fault of one spouse in wasting and dissipating marital property

6. Duration of the marriage

7. Age and relative health of the spouses

8. The responsibility for providing for children of the marriage

9. Spousal abuse or marital infidelity (to penalize the offending spouse).


http://family-law.freeadvice.com/divorce_law/equitable_distribution.htm

 

[gitana1]

I thought ex parte means only one party to a case appears before the judge? In the video I saw, both attorneys were present.

Ex parte literally means that only one party is presenting a case. But, in most states, unless there is a good reason not to, some kind of notice is given and the other side is allowed to come and contest the temporary orders. After any ex parte hearing, another court date is set and at that time, more permanent orders may be issued, after argument, evidence, etc.
Most family law attorneys use "ex parte" in place of "emergency". That's the best way to understand it.

 

[gitana1]

With Kaine being the breadwinner of the family I would have been shocked if Terri's attorney HADN'T asked for access to some of the COUPLE's money on her behalf. What else should she do? Go live in a van, down by the river? He wants her out of the family home, until she is proven guilty of something, she has every right to ask for a reasonable sum to mobilize and make that so.

Respectfully snipped for space and BBM.
Lol! I loved that SNL skit!

 

[gitana1]

I must be missing where anyone OTHER than KH, DY and TY have said that TH is not cooperating? Pleae point me in the right direction.

Also, I would like to be pointed to where it was stated that TH took baby K to a babysitter on June 4.

TIA!

You are right. No one has. But she hired a criminal attorney and if I were he, I'd refute that in a second, if it was untrue because such a statement could potentially poison a jury pool. People who look as if they are uncooperative look guilty to most.
I think they are telling the truth when they said that she has refused to speak to LE in some time and is not aiding the investigation.

 

[sorrell skye]

I appreciate your legal expertise & explanations, Gitana. Thank You so much!

 

[gitana1]

Is she also entitled to pay a portion of the loss of value of the home? If Portland is like most other cities in the US, the FMV is less now than it was in 2007.

I'm just using your post as a jumping off point so this is not directed at you, but I think there is some confusion here. No upcoming hearing is about dividing the joint/marital assets. They are not talking about that yet at all. TH apparently is going to request an award of some marital funds, possibly to help get resettled. But that award can be subject to reallocation later on, when the trial or settlement of the whole disso occurs. In other words, she could be ordered to pay back any award that she now receives. I think she will get some modest award now. Probably for attorney's fees.

 

[gitana1]

Unless he's using sick and/or vacation time he can be paid from that. Once that runs out he will no longer get paid. After the 12 weeks are up then it's up to the employer if they want to keep the job open for you. By that time Kyron will be home anyway.

BBM. From your lips to God's ears.

 

[mrsu]

I couldn't find if this was posted here. Sorry for the duplicate if so.

Lawyers for Terri and Kaine Horman met Tuesday to discuss the restraining order issued against Terri that asked her to stay away from Kaine and move out of the couple's home.

Terri has allegedly agreed to this stipulation, but is requesting money from her estranged husband in order to move out.

"[Kaine] would like some cooperation from her first. He would like to know where his son is and if he's safe or not," Kaine's divorce attorney Laura Rackner told CBS affiliate KOIN.

http://www.cbsnews.com/8301-504083_162-20010513-504083.html

I don't know if this is normal, but I would not offer her ONE CENT until she answered questions about Kyron's whereabouts!

 

[debs]

She is stipulating to the move from the home, with an agreement of spousal support. There is a thread. It has nothing to do with obeying the restraining order.

 

[believe09]

Or she could just have the decency to pack her things and get out of the house so that baby K can go home..

JMO

Given what we have been led to believe about her, what are the chances that she does this? I would give her a thumbs up if she did, but really what are the chances?

 

[citigirl]

I'm just using your post as a jumping off point so this is not directed at you, but I think there is some confusion here. No upcoming hearing is about dividing the joint/marital assets. They are not talking about that yet at all. TH apparently is going to request an award of some marital funds, possibly to help get resettled. But that award can be subject to reallocation later on, when the trial or settlement of the whole disso occurs. In other words, she could be ordered to pay back any award that she now receives. I think she will get some modest award now. Probably for attorney's fees.

I think that if TH does not ask for this, it makes her look guilty. If she had nothing to do with Kyron's disappearance and is going to say the LS is lying, then, like any other woman whose husband leaves her, she is going to negotiate a settlement. I think her attorney told her to do this. If she asks for nothing she looks as if she has been shamed into it by her guilt.

 

[mrsu]

Do you have a link to the discussion...I must have missed it.

The RO does ask her to move out of the home, so it would seem it does have something to do with it.

 

[Calliope]

No, although it is possible that someone can unilaterally apply for an emergency order without notice to the other party on an ex parte basis. Ex parte hearings are those hearings that are done on 24-48 hours notice to the other party--except as noted above.

bbm

as in the hearing for the petition for the RO?

 

[sherbetjello]

Lawyers for Terri and Kaine Horman met Tuesday to discuss the restraining order issued against Terri that asked her to stay away from Kaine and move out of the couple's home.

Terri has allegedly agreed to this stipulation, but is requesting money from her estranged husband in order to move out.

It's part of the divorce, in every divorce things are split and separated. The house, which I believe was in KH name (I have yet to actually verify it myself) belongs to him, but everything else is split 50/50 unless they signed a prenuptial. I have a feeling there was no prenuptial, and since she was a stay at home "mom" she needs to money upfront in order to move out.

I believe this has NOTHING to do with the restraining order.
This is just eb and flow of a divorce.

 

[Calliope]

Ex parte literally means that only one party is presenting a case. But, in most states, unless there is a good reason not to, some kind of notice is given and the other side is allowed to come and contest the temporary orders. After any ex parte hearing, another court date is set and at that time, more permanent orders may be issued, after argument, evidence, etc.
Most family law attorneys use "ex parte" in place of "emergency". That's the best way to understand it.

BBM

Ok, that's what I said, but Socalsleuth disagreed... and I became confused lol.

So this hearing where both attorneys were present to argue their 'side' would NOT be ex parte. Thanks for clarifying.

My head is swimming a bit after this, but I think my question before all this started was if the mandatory and discretionary relief (as described in the bench guidelines above) would apply to this hearing, since it was not ex parte.

ETA: this was my original question/comment: [ame="http://www.websleuths.com/forums/showpost.php?p=5402897&postcount=222"]Websleuths Crime Sleuthing Community - View Single Post - TH To Appear In Court Next Tuesday Re: Divorce - RO[/ame]



The bench guide was c&p and linked a couple of posts above that. thanks

 

[SoCalSleuth]

bbm

as in the hearing for the petition for the RO?

Precisely.

 

[gitana1]

I think that if TH does not ask for this, it makes her look guilty. If she had nothing to do with Kyron's disappearance and is going to say the LS is lying, then, like any other woman whose husband leaves her, she is going to negotiate a settlement. I think her attorney told her to do this. If she asks for nothing she looks as if she has been shamed into it by her guilt.

Yes, b ut I also think she looks guilty if she does not fight the RO. I would fight like he!!. "Oh, you think you are going to accuse me, kick me out of my home and take my baby? Heck no!" But, that's just me. Nothing would take me from my child. Nothing. Unless I knew I murdered someone and fighting the RO would open me up to self-incrimination, that is.

 

[tiredblondy]

I'd personally like to see her move to a very secure specific place where clothing, shelter and food would be provided daily at no expense to her!!! (otherwise known as jail)

 

[shelbar53]

I must be missing where anyone OTHER than KH, DY and TY have said that TH is not cooperating? Pleae point me in the right direction.

Also, I would like to be pointed to where it was stated that TH took baby K to a babysitter on June 4.

TIA!

LE never asked anyone if they saw Teri and the baby at the school. The questionnaire that was sent to everyone at the school did NOT include anything about the baby. No one said they seen her and the baby at the school. The 2 teachers/principle that saw her just said they saw Teri and Kyron, no mention of the baby. I don't think Kaine knew Teri took the baby to a friends house. I read weeks ago on one of the local papers in the comment section that she dropped the baby off at her friends house...can I find that comment...nope but I read it.

 

[BeanE]

Oregonian

Kaine Horman seeks hearing to push Terri Moulton Horman from family home
Kaine Horman seeks expedited hearing to push Terri Moulton Horman out of family home, possibly by this weekend
Published: Wednesday, July 14, 2010, 6:29 PM
Updated: Wednesday, July 14, 2010, 6:54 PM

Kaine Horman, through his attorney, is seeking to push his wife out of their rural northwest Multnomah County home, possibly as soon as this weekend.

snip

A hearing has been set for July 22, but it may be moved up.

http://www.oregonlive.com/portland/index.ssf/2010/07/kyron_horman_update_kaine_seek.html