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

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But now that you mention it, the timing could indicate she hired him *just* for the MFH thing.

BUT she hasn't been arrested yet, and may not be at all. Why pay that much money to a lawyer until that happens?????????

Either she hasn't paid the lawyer anywhere near that, or he's been hired to represent her through the sentencing phase of a criminal trial for a major crime or crimes for which she faces very significant time. Or he's Mr. Greedy and she's Mrs. Gullible.
 
snip
Portland-based child custody attorney Laura Rackner, who represented Kaine in Monday's filing, also wrote in court documents that if Terri borrowed the money, and if that loan is considered a marital liability, then the cash should be considered a shared marital asset. That, said Rackner, would make Terri Horman responsible for giving half of the $350,000 to Kaine Horman for his "attorney fees and costs."

Meanwhile, Rackner said Kaine "does not have sufficient income or resources to pay for these legal services and meet his other financial obligations for the children and himself."

If Terri contests the motion, then Kaine's attorney asks that Terri pay his attorney fees for filing the motion.
snip
http://www.katu.com/news/local/99262529.html

Bolded by me. I wanted to bump this up. I'm seeing a lot of weird analysis of this story. Bottom line: IF Terri Horman was telling the truth in her written communication to a third party that she'd paid her attorney $350K, then Kaine has the right to know where this money came from, and whether he is liable for repaying any of it.

If he IS liable for repaying that debt, then that means it should all go into the shared assets pot, which means he should actually see some of it (not unreasonable if he has to pay half of it). His lawyer is simply saying, "He doesn't have the money to pay TERRI's legal fees in addition to his other financial obligations. And he isn't asking for her to pay ALL his legal fees - just the costs of filing this particular motion.
 
She probably wrote "wow this guy has a $250,000 retainer fee" meaning "I lucked out" and then they took it as if she meant she paid it.

I thought the fee was $350K -- but $250K is too much as well, pre-arrest, IMO.
 
I think the lawyer took it pro bono. This is going to be a very high profile case. I think he wants the infamy.

Also I love how Desiree and Kaine keep going on and on about Terri being a compulsive liar but then act like she tells the truth when it is something they wanted to believe.

She probably wrote "wow this guy has a $250,000 retainer fee" meaning "I lucked out" and then they took it as if she meant she paid it.

chewy...i agree with you except for the infamy part. This attorney is a cool dude...knows his stuff..already famous amongst his peers...would be interesting to know if she contacted him, or is there a possibilty he contacted her....I don't know that attorny's do that...just throwing that out there....
 
Either she hasn't paid the lawyer anywhere near that, or he's been hired to represent her through the sentencing phase of a criminal trial for a major crime or crimes for which she faces very significant time.

Right, I agree. It's been my assumption all along that she anticipates facing charges of capital crime. And if she really did pay $350k before being charged with a crime she didn't commit, she should be arrested just for being that .er...gullible :)
 
While TH is not on my top favorite people list, it could be that her family ''put up their property'' as collateral (aka loan) for defence fund for their daughter....like you I think that KH has no right to know where the $ came from in this instance. (After all, didn't he cut her loose? RO and divorce papers?):croc:

Well, I wonder if he has a right to know how she got the money just in case she got them from selling pictures and other information about Kyron and Baby K?

Hasn't that been done before? Not sure -- but I thought it was alluded to in another case that I did not follow, Casey Anthony, perhaps?
 
From the article:

"Meanwhile, Rackner said Kaine "does not have sufficient income or resources to pay for these legal services and meet his other financial obligations for the children and himself."

Soooooo, KH had no problems with paying bills before when he had a wife and 2 children to support, but now he cannot pay his bills and care for the 1 child at home? I am sure there are reputable day cares that would be more than happy to charge a low fee, or he could qualify for free. IDK his financial situation. I am also sure a divorce/custody attorney, if in their right mind, could take a down payment, then smaller payments, and no, it should never reach astounding amounts. Hmmmmm.....

At any rate, this seems to be more of a fishing expedition. Only TH and her attorneys know how they are paid, if at all. They could both be pro bono. We know she did not have any income. I hope her family did not put up everything they have for a loan, but the amount seems a bit to high for even that to happen.

Guess we will see what the point is later.

However, if KH thinks he needs financial help after 7 years, maybe he should apply for some assistance.
 
How about future rights to the Terri Horman story - sold to highest bidder. If Terri owns her own story. it's Terri's story to tell. She's the one under the microscope here. And, since she's kept her mouth shut, we actually don't know what the heck her side of the story is. Are such rights marketable? Quite possibly, they are.

Why aren't we hearing more about Kyron on HLN crime "news" outlets? :waitasec: Because other outlets have the exclusives?

If there's a market for future story rights, my guess is Kaine & Desiree are gettin advice about playing the same game ... and yes, that would be my inner cynic bouncing around my posts again. :snooty:

can you benefit from selling your story if there is a crime?

She hasn't been accused yet, but if she is and then loses in court, can she get the money?

I know there was some case at some time that was about that instance, but maybe it just applied to a particular state.
 
I think the attorney may have made a major mistake in this motion by claiming Terri disclosed this to a third party. Seems that gives Houze even more basis to argue this disclosure would interfere with her possible criminal defense.

Maybe by disclosing it to a 3rd party, TH, as a matter of law, waived the attorney-client privilege with regard to the disclosure.
 
OK--here we go.
I think they have money and have access to bucks.
Always have.

IMOO
 
What exactly is written information with a third party mean ? Did TH actually have a part in this communication or was it passed on by someone "in the know" ?
Maybe TH and her lawyer are doin a little fishing......?
 
For all we know, TH could have been told that should TH get arrested and charged, the attorney costs could be as high as $350,000.00. IMO, that sounds more reasonable especially since TH's attorney has only dealt with the smaller aspects of the filings (divorce, contempt of court etc.) and hasn't gone into the criminal part of the case or perhaps skimmed across issues should TH be charged.
 
I don't think TH is the one benefiting from media.

We don't know if attorneys have been paid anything, and if so, by whom. May not have even been her or family, could be anonymous donor. Still could be pro bono.

For sure TH is not benefiting from the media especially since we have heard nothing of TH speaking with the media.
 
Every criminal defense attorney I have ever met charges a flat fee, which is nonrefundable, for his services. They do not charge a retainer, bill against it, and expect the pot to be replenished. The reason is that so often the defendant goes to prison and has no way to pay his legal bill. Another reason is that most criminal defendants are not rich enough to pay a private attorney for representation. If they do, their extended families usually come up with the money -- the full amount. It's sad, really, because their families are so often spending their last dimes on a crook. They refinance their homes, plunder their retirement accounts, borrow from every Tom, Dick and Harry ... basically impoverish themselves because they believe the defendant's claims of innocence, which are frequently bogus.

I'm sorry I'm getting on my soapbox here, but I am just so tired of criminals who don't give a carp about what their actions do their immediate and extended families and of lawyers who overcharge clients, who hire the pricey lawyers because they are so frightened that if they don't get the very best lawyer, they will be convicted. These clients, who are part of the general public, have no idea how to find a great attorney, other than by choosing the one who gets the most favorable publicity or who runs the most ads on t.v.

I didn't expect this. I thought TH would hire the guy for some large-ish amount of money to defend her until she is arrested (if she is). Maybe in the neighborhood of $25K -- since he didn't have to do much work pre-arrest.

I wonder what this gigantic legal fee covers. If this is true, I think she is guilty as sin. No normal, thinking, halfway intelligent person would pay that much money if they didn't know they would become a criminal defendant and be charged with a Very Serious Crime and most likely would be put away for a Very Long Time.

Unless they are rich ... I can see a rich person paying a ton of money. I mean, what's a few hundred thousand, among the multi-millions?

I see your point, but if I knew I was innocent yet had no real way to prove it (how many of us can provide air-tight, unimpeachable alibis at any given time, really?) and if I was involved in something like this where it's obvious I've already essentially been tried and convicted, I'd want the best of the best because I'd be afraid I'd be put away unjustly for a Very Long Time.
 
I have to believe Mr.Houze did his homework before he took this case. He knows he's expensive...probably for a very doggone good reason....
 
I think the lawyer took it pro bono. This is going to be a very high profile case. I think he wants the infamy.

Also I love how Desiree and Kaine keep going on and on about Terri being a compulsive liar but then act like she tells the truth when it is something they wanted to believe.

She probably wrote "wow this guy has a $250,000 retainer fee" meaning "I lucked out" and then they took it as if she meant she paid it.

Yeah, I noticed that.
 
I feel really sorry for TH's parents if they mortgaged their home and then raided their pensions.

They will have to pay taxes on that money (their pensions) and it could put them into that dreaded AMT tax category.

Then they will have to pay on a mortgage.

Were the parents both teacher's or just the Dad?

Teacher's know how to squeeze a penny, but this will be really hard on them as house prices are way down.

Maybe their house is worth $350,000 but then they would still have to have 20% down in terms of equity which would reduce the loan.

Or maybe they could get a loan for the full amount, but the interest rate would be outrageous.
 
I see your point, but if I knew I was innocent yet had no real way to prove it (how many of us can provide air-tight, unimpeachable alibis at any given time, really?) and if I was involved in something like this where it's obvious I've already essentially been tried and convicted, I'd want the best of the best because I'd be afraid I'd be put away unjustly for a Very Long Time.

If it's unjustly, we'll have a legal defense fund for you on here.

Otherwise, forget it.
 
It is info that has to be disclosed - at least in CA. Here, both parties to a divorce have to exchange a Schedule of Assets and Debts and an Income and Expense Declaration. On the I&E, there is a place to write how much the party has paid his or her attorney. But it also asks for the source of those funds. I don't know about Oregon's paperwork. Anyhow, if something seems off kilter to me, I will subpoena records tracing their payment to their attorney. For example, they claim they don't earn much (self-employed), yet I know they paid a lot to their attorney and they claim that was from a loan. I trace to see if they are telling the truth. If they are not, then it may show they are actually earning more than they claim.

SBM

If the retainer came from TMH's parents, can KH petition to find out how her parents raised that money? Her parents cannot be considered common marital assets, surely.

My speculation is that if it is her parents, they've mortgaged their house and possibly cashed in some of their retirement funds. But what if they have pictures of Kyron from visits to their house and made a deal to sell them to the National Enquirer; would KH be entitled to this knowledge?

Keeping in mind that copyright for a photograph belongs to the photographer unless otherwise specified and all that.
 
Maybe by disclosing it to a 3rd party, TH, as a matter of law, waived the attorney-client privilege with regard to the disclosure.

ding, ding, ding (but you already knew that lol). So even if she was lying in her disclosure, that entire issue of the retainer is no longer privileged...yes?
 
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