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

[Donjeta]

They can both move on in their personal lives if they are divorced but in reality even if division of property and custody could be fairly decide at this point there is more to this than just a divorce. It's not going away for awhile.
And it would not be fair to Terri to decide those things right now regardless of how stressful it is for any of them. I can't even imagine a judge wanting to decide this divorce right now. All the allegations but no charges, evidence, proof? How could a family court judge say who should have custody and be fair?

The way I see it, it is a damned if you do and perhaps even more damned if you don't, situation.

If they did the custody evaluation now she wouldn't be the top contestant and it probably wouldn't be fair. But
if she has nothing to do with Kyron disappearing and is in fact just a normal mother desperately missing her child and agreed to a custody evaluation now she at least would have a chance to get supervised visitation. Maybe just a small to tiny chance, depending on how much evidence they have about her involvement and how severe the alleged psychological problems are if she really has them. But who knows, if it's all just a smear campaign maybe they'd see that she's able to love her child and who knows, maybe they'd find that Kaine has serious issues. Maybe she could convince someone that she has done nothing wrong and loves those kids more than her heart. It may be a small chance but even a small chance is better than none, and with the abatement petition she currently has none.

If her attorneys drag this on it guarantees that the status quo with no visitation will go on at least up until the abatement is discontinued, or whatever the term is, and the more they have dragged this on the less likely it is that the custody arrangements will be changed even later on. She might get visitation later but full custody is unlikely if she hasn't even seen her child in ages.

 

[Angel4u2Whisper2]

:waitasec: Kaine indicated in the divorce papers that each party would be liable for their own attorney fees. I am not sure why Kaine/Attorney is stating "In Addition To being liable for Terri's attorney fees."

Isn't that statement regarding in addtion to liable for Terri's attorney fees related to her criminal attorney?:
respectfully snipped:

Originally Posted by RubyRed
Cops learned of Terri's $350K through texts

A reliable source told KGW that investigators learned of the $350,000 through a text message that Terri had sent to Mike Cook. Detectives were searching through Cook's messages as part of the investigation after they learned that he had a sexual relationship with Terri during the search for Kyron. A court motion stated that police said Terri "sexted" Cook hundreds of times and also sent him several photographs of herself "in various stages of undress and graphic sexual activity."

http://www.kgw.com/news/local/Kaine-...-99243664.html

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In summary the link it states that he would have a difficult time paying half of that should it be a loan and hence half his financal liability? That is why he is requesting the source of such payment? Just guessing. All information and input is helpful to me.

Please excuse my spelling and grammer errors in advance.

 

[mydailyopinions]

I don't even think this divorce issue should be newsworthy right now...

Where is Kyron? All the focus should be on finding him!

P.S. BeanE, thank you so much for the photo today in the news section..he is such a handsome little guy!

 

[Emma Peel]

:laugh:

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.

 

[human]

TH's lawyer says the amount was grossly overstated, not that it was zero. I can't think of anything left as a source but a *gift*

The IRS will have to take a look/see at that next filing time, or perhaps this quarter as certainly she will owe a chunk of change on a gift.

Unless multiple people each gave her $12,000. Then she's in IRS freedom land.

 

[gwenabob]

OK but according to the documents in Kaine's filing they have a 3rd party communication in which Terri Horman stated that amount. So could Terri maybe have bragged or told a little fib to a friend in an email that was intercepted during the investigation? WOWZER.

Terri either lied to Michael Cook about how much she paid, or she lied to her divorce attorney. Either scenario supports Desiree's assertion that Terri is a liar. About stupid things.

 

[Patty G]

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

But the cause for action for the divorce is "irreconcilable differences" and there is nothing in the divorce filings regarding the MFH.

The sexting etc. happened after Kaine filed. Now if this happened before Kaine filed perhaps Kaine could have gone for adultery, but since it happened after it's a simple "irreconcilable differences".

 

[Patty G]

Terri either lied to Michael Cook about how much she paid, or she lied to her divorce attorney. Either scenario supports Desiree's assertion that Terri is a liar. About stupid things.

I'm thinking perhaps some decimal points were left out IF this was done via text messaging. IF it read 350000 it could be 3500.00 :crazy:

 

[grandmaj]

Isn't that statement regarding in addtion to liable for Terri's attorney fees related to her criminal attorney?:
respectfully snipped:

Originally Posted by RubyRed
Cops learned of Terri's $350K through texts

A reliable source told KGW that investigators learned of the $350,000 through a text message that Terri had sent to Mike Cook. Detectives were searching through Cook's messages as part of the investigation after they learned that he had a sexual relationship with Terri during the search for Kyron. A court motion stated that police said Terri "sexted" Cook hundreds of times and also sent him several photographs of herself "in various stages of undress and graphic sexual activity."

http://www.kgw.com/news/local/Kaine-...-99243664.html

------------------------------------------------------------------------------------------------------------------------------
In summary the link it states that he would have a difficult time paying half of that should it be a loan and hence half his financal liability? That is why he is requesting the source of such payment? Just guessing. All information and input is helpful to me.

Please excuse my spelling and grammer errors in advance.

Well see this is what happens when you lie. If she put that in writing Kaine has every right to question it. Goodness when you are the focus person in a criminal investigation you don't use your phone, drive you own car, speak in your home... Of course it is all bugged with court order. Or you should assume it is. :banghead:

 

[Patty G]

Isn't that statement regarding in addtion to liable for Terri's attorney fees related to her criminal attorney?:
respectfully snipped:

Originally Posted by RubyRed
Cops learned of Terri's $350K through texts

A reliable source told KGW that investigators learned of the $350,000 through a text message that Terri had sent to Mike Cook. Detectives were searching through Cook's messages as part of the investigation after they learned that he had a sexual relationship with Terri during the search for Kyron. A court motion stated that police said Terri "sexted" Cook hundreds of times and also sent him several photographs of herself "in various stages of undress and graphic sexual activity."

http://www.kgw.com/news/local/Kaine-...-99243664.html

------------------------------------------------------------------------------------------------------------------------------
In summary the link it states that he would have a difficult time paying half of that should it be a loan and hence half his financal liability? That is why he is requesting the source of such payment? Just guessing. All information and input is helpful to me.

Please excuse my spelling and grammer errors in advance.

You are probably right since I was working on divorce and paying for divorce attorney fees.

 

[BeanE]

I'm thinking perhaps some decimal points were left out IF this was done via text messaging. IF it read 350000 it could be 3500.00 :crazy:

Understandable, during sexting.

 

[seeking truth]

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

Custody hearings are intense if custody is contested. Custody is part of the divorce proceedings. Even if Terri waived rights to custody, I believe that the court would ask for an explanation as to WHY? Even though Kaine would not want Terri anywhere near Baby K I can see he and his attorney definitely NOT stipulating to her waiving her rights, as this is an area that Kaine would want examined in a court setting, I would think.

In THIS case, can you imagine? I think it was Donjeta and "Believe" who pointed out that Terri would be evaluated (as would Kaine, but much more, Terri, due to the original RO and divorce filings, I would think). Many, many issues would be brought up.

The evaluation could be done over a period of many sessions and would be made part of the divorce/custody proceedings. A psychological evaluation could, and more than likely would be requested by Kaine's attorney.

This issue could be the one that Terri and her legal "team" (Family Law and Criminal attorneys) want to avoid the most. Could it be that they are truly concerned about what a mental evaluation would produce?

Or, is it the money and where it came from that they want to avoid answering to?

Terri would be subject to intense scrutiny during a divorce proceeding at this time. Who really knows what types of motions could be filed in an effort to bring it all around to Kyron?

Just some thoughts and my OPINIONS.

 

[Emeralgem]

Well all I can say is she must have a mountain of involvement here for her to not contest the divorce and sign away her rights to her daughter to keep from having to get on the stand ... Words do not fail me but I can not say what I want with out a TO so I will zip it

Right now...I'm having a hard time believing this woman is capable of truly loving anyone or caring about anything ...other than herself...JMO

 

[grandmaj]

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:

Well look at Tommy Croslin. His wife divorced him in the middle of a criminal investigation.

 

[Patty G]

Terri either lied to Michael Cook about how much she paid, or she lied to her divorce attorney. Either scenario supports Desiree's assertion that Terri is a liar. About stupid things.

Or perhaps the text message was read incorrectly and may not have contained decimal points.

I have a feeling it is only $3,500.00 or the highest $35,000.00, but based on the fact that they haven't gone into the criminal stage yet and the attorney is handling the contempt and Terri having to leave the home, I'll go out on a limb and say it is $3,500.00 Terri gave the attorney.

 

[grandmaj]

Understandable, during sexting.

snort :floorlaugh:

 

[human]

I'm thinking perhaps some decimal points were left out IF this was done via text messaging. IF it read 350000 it could be 3500.00 :crazy:

where I live, $3500 doesn't get you much for an attorney's work.

But I agree with Bean E. Sexting does make it hard to concentrate; I can only imagine.

I wonder if she sold her sexting pics? Those would get a nice price, I imagine.

 

[Sherbie]

Understandable, during sexting.

Good point, BeanE. Easy to drop yer decimals during sexting. I usually lose a few commas, too...but never my colon, thank goodness.

 

[Jaxson]

The way I see it, it is a damned if you do and perhaps even more damned if you don't, situation.

If they did the custody evaluation now she wouldn't be the top contestant and it probably wouldn't be fair. But
if she has nothing to do with Kyron disappearing and is in fact just a normal mother desperately missing her child and agreed to a custody evaluation now she at least would have a chance to get supervised visitation. Maybe just a small to tiny chance, depending on how much evidence they have about her involvement and how severe the alleged psychological problems are if she really has them. But who knows, if it's all just a smear campaign maybe they'd see that she's able to love her child and who knows, maybe they'd find that Kaine has serious issues. Maybe she could convince someone that she has done nothing wrong and loves those kids more than her heart. It may be a small chance but even a small chance is better than none, and with the abatement petition she currently has none.

If her attorneys drag this on it guarantees that the status quo with no visitation will go on at least up until the abatement is discontinued, or whatever the term is, and the more they have dragged this on the less likely it is that the custody arrangements will be changed even later on. She might get visitation later but full custody is unlikely if she hasn't even seen her child in ages.

At some point her attorney can contest the RO at is not allowing visitation. She could probably get at least supervised visits when they are prepared to do that. That may be Bunch's next move. She had not hired him when Houze said she would not contest it. As for custody if down the line Kyron is found and/or she is found to have nothing to do with it I think they would have to take into account the circumstances of her not having custody and at least give her a fair shake.

Right now if she were to fight for full custody I don't think they could take a chance of giving it to her. And I don't think any judge would bring that head ache down on him/herself. To many threats would come their way.

 

[grandmaj]

Still not transcript of the brief blip about this on Issues. I'll keep looking.