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

[suzyq211]

Another thought on this is that just as it is in his rights to know where she got the $350,000, it is within her rights to be provided for, since they are "still married".

UGH!!! Even though I dont like it you might be right!!!!!

 

[Soulmagent]

That would be interesting...good point!

I was even wondering if Nancy grace bought them. Crazy huh?

 

[suzyq211]

I was even wondering if Nancy grace bought them. Crazy huh?

NOTHING is crazy anymore...:-(

 

[Jaxson]

You think he should have just handed her the money no questions asked? Of course he wanted something in return! You would too! Do you think it is fair he had to pay her to move yet she has $350,000 up her sleeve to give to Houze?

This is a unique situation though. If my husband wanted me removed from the home I am pretty sure that I would receive some of our marital income in order to get a resident of my own. Spousal support at least for the duration of the divorce and I don't think the judge would make me answers his questions before awarding it. If you look at the divorce as a separate issue (imo we have to until she is charged at least) then no he would not be entitled to something in return. At that time we don't know if she had 350,000 up her sleeve, lol. I am guessing that because she didn't fight and make him give her money to move out she had to move in with her parents, who probably have handed over their life savings, retirement, and hocked the farm to pay for an attorney and had nothing to give her as a monthly stipend to live on.

If she does happen to be innocent Kaine is gonna be hurting in the end imo.

In Kaine's shoes I would have the same problems he is having. In Terri's shoes...lwell I woould have had a hardeer time keeping my mouth shut than she has but I think hiring an attorney and keeping your mouth shut is the way to go guilty or innocent so I don't have much sympathy for the two of them. I just want Kyron back and the rest of this is just ugly.

 

[human]

All they have to do is call it a loan not a gift.

Yup, and in this case they better have the paperwork and show the payments being made.

Or there will be people looking at that little tax dodge.

And there better be a source of income for those payments as well.

 

[nas212913]

1. Spouses have to pay the other's divorce attorney fees all the time. In fact, I would fully expect the court to order Kaine to pay Terri's divorce attorney fees in the end. Not because he filed first, or because of anyone's fault. Only because he makes more money. Sometimes an attorney debt is someone else's responsibility.

3. I work for attorneys. Two of my brothers are attorneys. No Intel attorney who has any kind of intelligence is going to give an employee legal advice for a family law matter beyond "Call a family law attorney." I promise.

4. If he has a job, he is not indigent.

ETA: Would you feel differently about this if we found out Terri won the lottery 3 weeks before Kaine filed for divorce? Do you think he would be entitled to some of the money? He would. We just don't know where she got the money. That is all he wants to know. He has the right, according to the laws of the state of Oregon to find out. Pretty simple. Happens all the time. If he suddenly showed up with $350k, don't you think she would like to know where it came from? She would have that right.

1. If Kaine is responsible for Terri's fees, it would be for her attorney handling the divorce, not Houze. That's irrelevant to the 350k.

2. [removed by Kimster]

3. In some states, don't know if OR is one of them, you don't need to be unemployed to be considered indigent. Your income needs to fall below certain guidelines. If it does, you qualify for legal aid. I know this from very recent, personal experience.

4. If Terri won the lottery three weeks before the divorce, yes, half of that money should/would be Kaine's. If Terri won the lottery three weeks after he filed for divorce, no, Kaine should no be entitled to any of the money.

I don't care that Kaine is asking for proof of how she paid her attorney. I think that him asking for half of his fees be paid is a low blow. Period, point blank, the end. No other retort that you may or may not have is going to change my mind. People should be responsible for their own decisions when it comes to things like that. If he chose to hire an attorney he couldn't afford then she shouldn't be responsible; he should've chosen someone else.

 

[human]

but what if the family wrote the check or however the transaction occurred, if one has truly occurred...

It's not the parent's debt; hence, it is a gift to Terri.

Otherwise, I suppose Houze can consider it a gift for himself and pay the taxes on it.

He'd be better off claiming it as a income so that he can deduct all of his expenses.

 

[GrainneDhu]

That is an interesting theory. Child actors get their pictures taken and printed all the time. I doubt their parents sign a waiver before a kid like Dakota Fanning gets her picture in People magazine.

I am not sure Kaine and Desiree actually sold the pictures of Kyron. I was under the impression that they simply released them for the publicity. It would be interesting to find out who, if anybody, has made $ off photos of Kyron.

BBM

It never crossed my mind that KH and/or DY have sold Kyron's photos. I said "released them" meaning that they made the photos available for free to any media outlet that would publish them, in an attempt to locate Kyron.

Considering the media frenzy that is going on, I really hope that anyone involved is starting to charge for interviews, etc. Why should the media keep all the money? The media are not doing this out of the goodness of their hearts; if the story didn't play so well and bring in revenue, they'd drop it like a brick.

 

[Kimster]

1. If Kaine is responsible for Terri's fees, it would be for her attorney handling the divorce, not Houze. That's irrelevant to the 350k.

2. [removed by Kimster]

3. In some states, don't know if OR is one of them, you don't need to be unemployed to be considered indigent. Your income needs to fall below certain guidelines. If it does, you qualify for legal aid. I know this from very recent, personal experience.

4. If Terri won the lottery three weeks before the divorce, yes, half of that money should/would be Kaine's. If Terri won the lottery three weeks after he filed for divorce, no, Kaine should no be entitled to any of the money.

I don't care that Kaine is asking for proof of how she paid her attorney. I think that him asking for half of his fees be paid is a low blow. Period, point blank, the end. No other retort that you may or may not have is going to change my mind. People should be responsible for their own decisions when it comes to things like that. If he chose to hire an attorney he couldn't afford then she shouldn't be responsible; he should've chosen someone else.

I beg to differ with point #4. Oregon is NOT a community property state.

 

[gwenabob]

I don't care that Kaine is asking for proof of how she paid her attorney. I think that him asking for half of his fees be paid is a low blow. Period, point blank, the end. No other retort that you may or may not have is going to change my mind. People should be responsible for their own decisions when it comes to things like that. If he chose to hire an attorney he couldn't afford then she shouldn't be responsible; he should've chosen someone else.

The whole point is, the person with the most money pays for the divorce attorneys. Both. Kaine is expecting to pay for his attorney and hers at this point. But, if she has come into $350,000, then apparently SHE has the most money and should be the one to pay for the attorneys.

 

[GrainneDhu]

respectfully snipped by me,

I agree that she should be ordered to pay child support based on what her income would be if she had been working. I think his huge attorney fees had been coming up for a while. He may have thought they had worked through there problems but imo they were headed to divorce anyway and I still want evidence of this melt down. I don't necessarily believe she is innocent but I can't say something is her fault until it is proven. I have no proof of a melt down causing him to file for divorce.

BBM

Does it really work that way in Oregon? For one thing, I thought Oregon was a no-fault divorce state.

In my state, child support is calculated based on estimates of expenses but the actual amount cannot be more than a certain percentage of that person's real income. I believe that percentage is 20%, but I may be mistaken.

So, say a child's total support each month is theoretically estimated at $1000 (I'm using easy numbers!). Each parent would be expected to pay $500/month. If the non-custodial parent has a job that makes a total of $500/month, though, their child support is limited to $100/month (20% of their income).

If neither parent is capable of financially supporting the child, the state then provides family assistance to make up the amount so that the child does not suffer.

There are parents who deliberately acquire low paying jobs in an attempt to limit their child support obligations but they rapidly discover that the instant they get a better paying job, they will also be going back to court to be re-assessed for child support.

The underlying principle is that no free citizen can be forced to work at a job that is repellent to them. People are free to work at whatever low paying job they want but they have to be willing to actually live on that money.

 

[Kat010]

http://www.kgw.com/news/Kyron-Hormans-step-mom-Terri-wont-contest-divorce-from-Kaine-99500504.html

Terri-Moulton Horman, the step-mother of missing 7-year-old Kyron Horman, will not contest her estranged husband's request for a divorce, as the case continued into its 54th day with no sign of the boy.
Reliable sources said Wednesday the motion to abate document was filed by Terri's attorney Peter Bunch. In it, Terri agreed to divorce, saying that intense media and law enforcement scrutiny and speculation prevented her from handling the case in an ordinary fashion. The motion would allow a judge to dismiss the case from a trial docket.
Details: Motion to abate (PDF)
If the motion were to be approved, it could potentially avoid any chance of Terri having to give testimony in court.

 

[Dr.Fessel]

http://www.koinlocal6.com/mostpopul...work-to-push-back/1njw6YeGT0WGbLDT0A9SUw.cspx


Terri Horman's attorney, Peter Bunch, filed paperwork with Multnomah County today, seeking to abate the divorce proceedings between Kaine and Terri.

Bunch writes: "As the court is aware the respondent (Terri) is under intense scrutiny as part of an ongoing investigation....As a result of the intense scrutiny and speculation it is virtually impossible for me to proceed with divorce related issues."

As one example, Bunch says petitioner grossly misstated the amount of money paid to Stephen Houze. Bunch also says respondent is unemployed and under her present circumstances is not employable.

Terri will agree to the divorce in the long run, but doesn't want to have to deal with the matter now.

 

[tracyf1008]

LOL does she have a choice? WOW get over it Terri, he wants to divorce you. This is comical.:banghead:

 

[JSR]

Never gonna happen. If OR allows it I see this case being bifurcated. In CA you can bifurcate divorce proceedings. Meaning from the moment you file you can generally guarantee that you'll be legally divorced within 6 months or so but issues such as child custody and marital property are dealt with later.

 

[JSR]

LOL does she have a choice? WOW get over it Terri, he wants to divorce you. This is comical.:banghead:

IF OR family law is like CA she won't have a choice.

 

[A_News_Junkie]

http://www.koinlocal6.com/media/lib...8-b27c-f15fc9163f97/Terri_Legal_paperwork.pdf

 

[21merc7]

LOL does she have a choice? WOW get over it Terri, he wants to divorce you. This is comical.:banghead:

This is not by TH's request. Is is a legal action, by her attorney. KH's attorney has been flying high, now TH's has to respond.

Not comical, just more stressful for all.

 

[debs]

And so the jockeying begins.

 

[xin]

LOL does she have a choice? WOW get over it Terri, he wants to divorce you. This is comical.:banghead:

Not really, I think it's a smart move. The criminal defense attny wants to set the timing.