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

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OK let me try to fix it....... but there is only so much room. :)
 
:waitasec:Got a question....Can this motion be granted in part? I mean, can the custody issues be handled later but as far as the contempt of court hearing, could that be an issue dealt with now or at the scheduled hearing? It would seem to me that kinda stands on its own. Also, this seems to take some of Kain;s rights away also. While TH wants things to go longer, Kaine has rights to. Any thoughts would be appreciated!
 
How about...

MOTION - TH WILL NOT CONTEST DIVORCE IF KH/COURT AGREE TO ABATEMENT

Hard to be real concise and still get all the info in there! LOL
 
What is really going to be interesting is will Kaine go along with this or will he fight it? If he fights it I don't think he can win.
 
I am sorry-in my layperson's opinion it is a hail mary pass. TH is trying to avoid the interrogatories and she is trying to avoid being questioned about Kyron by a GAL etc...I think that it must be intolerable for Kaine to be forced to maintain a marriage to her if he believes what he has said he knows to be true. I dont see that her desire not to be questioned about the disappearance, a possible MFH plot, a possible extramarital affair should supercede Kaine's desire to end his marriage and establish a custody agreement regarding their child.
 
Jack said:
Did anyone actually read the document? She is agreeing to the disolution of marraige with the rest of the issues that are normally decided during a divorce proceeding, such as distribution of assets and custody of minor children, being decided at a later date.
Click to expand...

Yes I read it after I issued that knee jerk assertion!
 
I wonder what KH's response will be. I'm sure we'll find out tomorrow through another radio interview! I wish this case had more focus on Kyron and not on this.

The atty made a good move to delay the divorce and testifying in said case. This could be prejudice in a criminal trial. And if she did this, I don't want to hear the word "mistrial". Not standing up for TH -- but until she's arrested all we have is what KH and DY is saying. And the $350K sounds like it's not true...according to the attorney.

I don't even know who to believe anymore!

MOO

Mel
 
Spookytube said:
:waitasec:Got a question....Can this motion be granted in part? I mean, can the custody issues be handled later but as far as the contempt of court hearing, could that be an issue dealt with now or at the scheduled hearing? It would seem to me that kinda stands on its own. Also, this seems to take some of Kain;s rights away also. While TH wants things to go longer, Kaine has rights to. Any thoughts would be appreciated!
Click to expand...

I'm not sure the contempt would be abated, even if the entire rest of the divorce proceeding is. A moton for contempt is kind of unique in that it isn't technically the moving party's rights that are being asserted in the motion. It's more like asking the court to enforce its own right. TH is allegedly in contempt of the Court (the court's order), not of KH. Does that make sense? I could be wrong, but I ran it by someone in my office and they thought so, too.
 
grandmaj said:
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?
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I never had to testify under oath when I got divorced. The attorneys just handled the paperwork. I can't see where she would have to testify to anything other than the divorce unless she is at least charged with something. Why would she have to answer questions about the criminal cases when she has yet to be charged, let alone found guilty, in a divorce court?
 
21merc7 said:
Well, soon enough we will not only know about any payments to TH's attorneys, but all of KH's payments and income too. Guess we will see if he really cannot afford to support himself and Baby K as his attorney stated in her Motion (about the phenomenal fee of $350K) that brought this about.
Click to expand...

That is not what his paperwork said. His paperwork said he could not afford to support his family and take care of his usual obligations IN ADDITION TO being liable for part of Terri's attorney's fees.
 
Jack said:
Did anyone actually read the document? She is agreeing to the disolution of marraige with the rest of the issues that are normally decided during a divorce proceeding, such as distribution of assets and custody of minor children, being decided at a later date.
Click to expand...

I don't think it's worth much to dissolve a marriage legally if the important decisions about money and the children are left hanging indefinitely because the parties are not really free of each other, free to heal and free to move on until they can get everything resolved. If there are pending court matters they're going to be stressed about the marriage even if they never see each other any more. It makes it more difficult for both of them to make financial and other decisions in their lives because they don't know if they're going to have any money left after the divorce or not, etc.
 
Spookytube said:
:waitasec:Got a question....Can this motion be granted in part? I mean, can the custody issues be handled later but as far as the contempt of court hearing, could that be an issue dealt with now or at the scheduled hearing? It would seem to me that kinda stands on its own. Also, this seems to take some of Kain;s rights away also. While TH wants things to go longer, Kaine has rights to. Any thoughts would be appreciated!
Click to expand...


Yes the contempt issues are separate from the divorce.
 
Dr.Fessel said:
What is really going to be interesting is will Kaine go along with this or will he fight it? If he fights it I don't think he can win.
Click to expand...

It does seem kind of reasonable that the family law atty feels restricted in his work. It's rather like asking your dentist to fix your crown while you're getting a fire fighter to put your burning wig out.

There's a lot going on, legal-wise, for TMH right now.
 
Jaxson said:
I never had to testify under oath when I got divorced. The attorneys just handled the paperwork. I can't see where she would have to testify to anything other than the divorce unless she is at least charged with something. Why would she have to answer questions about the criminal cases when she has yet to be charged, let alone found guilty, in a divorce court?
Click to expand...

I think the custody eval might be a factor here. It would not look good for her to completely sign off from wanting custody/visitation rights, but the attorneys realize that under the current circumstances a thorough evaluation would be needed and while she might not be under oath she would be required to answer questions, and some of those might be ones that she does not want to reply.
 
sofia76 said:
That is not what his paperwork said. His paperwork said he could not afford to support his family and take care of his usual obligations IN ADDITION TO being liable for part of Terri's attorney's fees.
Click to expand...

You are right, his attorney "said" it.

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.

link:

http://www.katu.com/news/local/99262529.html
 
Jaxson said:
I never had to testify under oath when I got divorced. The attorneys just handled the paperwork. I can't see where she would have to testify to anything other than the divorce unless she is at least charged with something. Why would she have to answer questions about the criminal cases when she has yet to be charged, let alone found guilty, in a divorce court?
Click to expand...

I didn't either. And what would she be questioned about in a divorce vs. a criminal action? Certainly the atty couldn't ask "did you kill/abduct kyron"? Now the MFH and sexting/affairs (if any) could be brought in as a cause for action. But none of us or KH know yet if she is responsible for missing Kyron. Then again, the MFH question could land her in BIG trouble! My guess this is one of the reasons she wants to hold off.....

MOO

Mel
 
Sherbie said:
Don't worry about it...it's easy to have a knee-jerk reaction to all the weird and infuriating info that comes out in this case! ;)
Click to expand...

Thank you. What i really want to have a knee jerk reaction to is KYRON found safe! I don't really care about these 2 adults divorce. Just so sick of these kids being lost. Its not getting any better, it's getting worse!
 
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