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

[raeann]

I started a thread from that link to KGW. And no, the attorney is not saying "stop the divorce!"

And now I don't know if I need to delete mine or not. Must ponder.

NO, your thread is far more accurate than the title of this one, they should probably be combined under yours as one thread.

 

[angelmom]

I think this is both smart and reasonable.

It is absolutely true that she cannot possibly pay Kaine any money right now. How is she supposed to get a job? I know highly qualified people who have been out of work for over a year. Who would hire someone who might be arrested at any moment and who is definitely going to have other stuff interfering with work?

It is also absolutely true that if she were required to give a depo or take the stand in a divorce case, it could require her to either give up her 5th amendment rights OR lose her daughter. While some people would celebrate that, it isn't legally fair.

I also think that Kaine was advised to file for divorce so quickly in order to force her to testify and this is a predictable legal response. I also think he may have blown it by asking for money. Where does he think she's going to get it?

And how can he not support himself and Baby K in the same house they've been living in with 2-3 fewer people when he was the sole supporter before? I know daycare is expensive, but he's not even back at work full time.

 

[Donjeta]

I don't understand. I thought that unemployed people and people who are being suspected of crimes with or without being charged get divorced all the time. Why would it make it impossible for Peter Bunch to do his job? If I understood the petition correctly she agrees not to ask for any share of whatever Kaine might earn after they got separated so why would it be better for her to decide about the money later compared to soon?

I can see how the attorney might be worried that if the court thinks she could be guilty of the MFH or Kyron's disappearance they could consider her rightful share of the marital assets smaller than she desires and it might be better to wait for her to be cleared before dividing the money but if she's not cleared and more negative things come out about her waiting might just make things worse.


On a positive note, this is at least an indication that she has some interest in the custody of their underage daughter.

Peter Bunch's petition misspells both Kyron's first name and last name (Kryon Hormon). I think one of Laura Rackner's documents did too. They can quote complex judicial thoughts and cite case numbers and statutes but can't get a name right. Why? Do they think the press will think it's some other family and won't find out about it? :waitasec:

 

[mysticrose]

Is this some kind of legal strategy? If so could someone please explain in layman's terms what the heck it is. I mean is there some kind of spousal privilege or something if Kyron is found, if Terri is indeed found to be responsible for his disappearance, or worse. For the life of me, I can't figure this one out on my own. TIA

The only legal strategy I see coming from this is that Terri will not have to get on the stand. If she contested the divorce she could be forced to get on the stand during the divorce proceeding and who knows what kinda of questions would come flying at her....this of course is just moo.........

 

[Kat010]

NO, your thread is far more accurate than the title of this one, they should probably be combined under yours as one thread.

Thanks, RaeAnn, but it seems this thread has taken off despite the inaccuracy. And I don't know about merging and all that.

So I'm guessing that I need to figure out how to delete my thread.

 

[nas212913]

I missed something.

If she has intentions on signing over her rights to Baby K, why would a custody evaluator be needed? In the motion, it stated that an evaluator would not be able to be unbiased (paraphrasing) due to the media scrutiny.

I actually like the motion. It makes sense. Very interesting.

 

[Kat]

Last night on NG, a talking head made comment about the request for the source of money by Kaine that Terri used to pay her defense attn.

IIRC, that information is client/attn. priviledge (defense attn/TMH)

However, the divorce court would be able to access that info, because it is a question of if marital income has been used, or if a loan was taken out to make the payment and it could be viewed as a marital debt.

Don't shoot the messenger please, just relating how it was discussed last night.

I thought that was interesting. I'll see if I can find the link to the transcript if anyone wants.

 

[Dr.Fessel]

NO, your thread is far more accurate than the title of this one, they should probably be combined under yours as one thread.

I don't know about that.

Abate means put on hold for a time period.

Now I know this is for Florida but I bet it is the same all over.

http://robinroshkind.wordpress.com/tag/motion-to-abate/

For clients who are not sure and want some time after filing divorce papers to try to work on the mariage, we file a Motion to ABATE the proceedings. This means essentially to put the proceedings on hold; in Palm Beach County, this is usually for 60 to 90 days to give the parties a chance to reconcile. They may seek marriage counseling or choose to live separate and apart for that period. If after that time, one or the other party wants to proceed to divorce court, then they file a Motion to Continue the proceedings.

 

[WhyaDuck?]

Thanks, RaeAnn, but it seems this thread has taken off despite the inaccuracy. And I don't know about merging and all that.

So I'm guessing that I need to figure out how to delete my thread.

Just PM a mod and they will merge when they have a moment, or you could politely PM the OP of this thread about the title.

 

[jadejazzkayla]

post was for different thread.

 

[angelmom]

If she is just willing to sign off on the divorce and give up custody to baby K., then why can't the divorce be quick, since she doesn't own anything of his - is it only money that's the sticky wicket? They could just call it even and, after KH gets the info on where the money comes from, just let each other keep what they have. I can't imagine TMH is going to be able to do much for child support for a bit. Why don't they just call it a day and do it fast?

(Or is it naive of me to suggest they just leave each other's pockets alone at this point?)

No, she's not giving up on Baby K. Just the opposite. She's saying that there's no way for the evaluator to see "normal" interaction with each parent while they are under such stress and unusual circumstances, AND that there's virtually no way to find an unbiased evaluator while she has this hanging over her head.

She's not challenging the divorce, nor will she ask for "appreciation" on the assets that occurs between now and when the other issues are settled. Custody and division of assets would be tabled until after Kyron's mystery is solved.

Plus Kaine asked Terri for money. Seriously? Where's she going to get it?

 

[Kat010]

Hey Doc, the motion says specifically that TH agrees to the divorce. It also specifies why the abatement is being sought, and it has nothing to do with working on the marriage.

Just noting that! I think I posted maybe a minute before you--we both were fast!

 

[Emma Peel]

Some of this sounds like a reasonable request to me. IMO

Her lawyer argues that the rulings regarding custody & psychological fitness, etc. should be delayed until the criminal matter is settled.

I would think, however they can settle divorce financial matters immediately and Terri would therefore need to disclose her legal expenses to date and the source of how she paid for those. Profiting of Kyron's or family image would be a bone of contention. If she was paid for spread of her body building shots somewhere, maybe not so much.



There will be some back & forth on this.

 

[WhyaDuck?]

No, she's not giving up on Baby K. Just the opposite. She's saying that there's no way for the evaluator to see "normal" interaction with each parent while they are under such stress and unusual circumstances, AND that there's virtually no way to find an unbiased evaluator while she has this hanging over her head.

She's not challenging the divorce, nor will she ask for "appreciation" on the assets that occurs between now and when the other issues are settled. Custody and division of assets would be tabled until after Kyron's mystery is solved.

Plus Kaine asked Terri for money. Seriously? Where's she going to get it?

Sorry, I didn't mean to state that as fact - it was a question. "If she were willing, could they just do it fast?"

I didn't mean to mislead anyone on that. Sorry!

 

[Sherbie]

Is this some kind of legal strategy? If so could someone please explain in layman's terms what the heck it is. I mean is there some kind of spousal privilege or something if Kyron is found, if Terri is indeed found to be responsible for his disappearance, or worse. For the life of me, I can't figure this one out on my own. TIA

In the motion for abatement, TH's atty says she agrees to the dissolution of the marriage (that way they can be divorced as soon as possible).

Because of all the attendant issues with the investigation and custody matters and such, they are asking that all other matters related to the divorce be put on hold for a period of time.

I think it's a reasonable request. There could be some messy financial and custody stuff to deal with eventually, and the resolution of the investigation might determine what needs to be dealt with.

Also, an abatement would allow her to avoid giving any testimony under oath til that period of time is over. So it could be a strategic move, but they also have some legitimate reasons to ask for the abatement -- probably a combo of both, IMO.

 

[mysticrose]

I guess I still dont understand if she is not going to contest the divorce , why file to abate it ? :waitasec:

Nevermind I think I found the answer:

http://www.nolo.com/dictionary/abate-term.html

 

[grandmaj]

Wow they really don't want any court proceeding do they. She would have to tell the truth in a divorce proceeding and custody hearing and they do not want her on any court record. What is she hiding?

AND most importantly where did TH get the money she paid for her attorney. It says she did not borrow the money. It did not come from her money and she is not asserting it is any kind of marital debt.

OK then where is the money coming from?

 

[Donjeta]

PB says TH didn't pay Houze 350K, and it didn't come from her funds. Wonder if the speculations about her parents giving her the money were correct.

But wouldn't it briefly become her funds if somebody donated her money to pay for a lawyer, until it became the lawyer's funds? Can a third party pay for your lawyer and have it considered a transaction between the third party and the lawyer and not a gift to yourself?

 

[Kat]

I found the link in case anyone is remotely interested

PITKIN: Right. This is part of the divorce case now. Kaine Horman alleges in court filings that she paid a retainer of $350,000 to her lawyer, Stephen House. He`s wondering where she got that money, and if it was a loan, whether he should have half of it because they have mutual obligations as a married couple.

LALAMA: Linda Lee and Ray Giudice -- I`ll go to Linda first. I`ll ask you both. Can anybody just go walk in the door and look at your paperwork and your files and find out where that money came from? There are ethics that have to be followed in terms of receiving payment, am I right, Linda?

LEE: That`s correct. There are ethics that are involved with receiving payment. But I don`t believe they`d be able to go into that -- into that unless it`s through the family law case. Through the family law case, if that is, in fact, marital property that she used that money for, and if it`s marital funds, then, yes, then the court would be entitled to that.

LALAMA: But Ray, isn`t it a little odd that the dad`s going, Where did she come up with that kind of money?

GIUDICE: Well, that`s true, but the relationship between her and her lawyer, even the financial aspect of it, is covered by attorney-client privilege. And short of a contemptuous subpoena -- a subpoena that would hold me in contempt, I`m never going to disclose the source of my funding. But as was just pointed out, if that money comes from marital property or if it is now a debt of the marriage, the domestic court, the court handling the divorce, has a right to know that.

http://archives.cnn.com/TRANSCRIPTS/1007/27/ng.01.html


Sounds as if the dance (between attn's) has begun IMHO. Sorry to make it sound so unkind.

 

[mysteriew]

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.

LOL I prob wouldn't like it if I was her either! I mean that is just one more court digging around in the financials. Who knows what they might find! And if the divorce goes through, that means she cannot put her bills off on Kaine. So yeah, if I was her (or her attorney) I could see a definate advantage to keeping her married! There is also the issue of the info from the civil case making it into the public media arena.