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

[Reality Orlando]

I realize that the divorce laws differ from state to state, but in my state, until you have a final agreement and final decree everything is marital property.

So in my state, if TH suddenly has $350,000, even though divorce papers have been filed, KH would still be entitiled to 1/2. It's still all marital property until an agreement is reached.

In my state, I sure as heck would be going after 1/2 of it!! You betcha. And in KH's position, I'd certainly want to know where the $$$ came from.

I don't know if this is legally binding or still done, but when I first went to my attorney to file for divorce (this was about 10 or so years ago) the first thing he did was place a personal ad that read: "I will not be responsible for debts incurred by anyone other than myself." Not sure how binding that is/was or even if it's still done.

 

[ami]

Is there even a serious suspicion about the selling of Kyron's pictures by either side, or is this just something that has been spun out based on a poster here making a provocative speculation?

Pictures are generally only financially valuable to journals when no one else has them, and then they generally spin them out with an "exclusive!" headline and much mention about how no one else has these pictures etc etc etc. I feel like one poster posing the speculative question about whether someone could have been paid to appear on some news show, or paid for some pictures, has created speculation about the speculation.

We do know that TMH, unemployed, retained an expensive criminal defense attorney for some amount of money. I think it's reasonable to question where someone with no money came up with a hefty retainer, and even more reasonable for the man whose financial bottom line is intimately tied to this person to question the fund source. If it was Kaine who suddenly appeared to have money he didn't have the day before, it would be within Terri's right as his wife to know if those were marital assets or a marital debt. But Kaine doesn't appear to have radically altered his financial picture, so why even speculate that he's "selling" anything at all Kyron related?

Finally, it doesn't really matter if TMH has paid a $350,000, $250,000 or $35,000 retainer - her assets are still tied to Kaine's and she didn't have that money as far as Kaine was aware on June 4th. Disclosing assets and debts is such a regular, normal, EXPECTED part of a divorce that I can't even see what the outrage is about.

 

[human]

Perhaps. But I think Houze would know better than to take a SAHM's word that she is good for it.

I think KH and DY want to know if she did something underhanded or illegal to get the money. If her folks raised it for her, then I think that is the end of it.

Except for the IRS liabilities, which I really hope someone will look into.

I would be really ticked if someone got $350,000 tax free dollars to use as they wish.

 

[human]

Did someone have a link to something that stated Houze charges $250,000.00 for cases? That is incredible to me. That is a years worth of income for an attorney. I can see $25,000.00 for a long term criminal trial, and appeals, (well, maybe a little more for appeals), but adding that extra 0 is beyond understanding. (Unless you an attorney for Brad Pitt or some mega star.) How many years would you be making payments to an attorney that charges that much?

As you can see, I still don't believe the $350,000.00 quote.

Maybe for some attorneys.

Some make a LOT less and some make many times that figure in a year.

If Houze is such a great attorney, I don't think that is even in the ball park of what he makes in a year.

 

[nursebeeme]

If the contempt hearing goes forward in September then the info will come out with regards to what Michael has stated.

I believe what Michael has stated with regards to the pictures, texting, goggling etc., my point is that LE has never publically addressed this with the public.

respectfully Patty, they have not said much of anything and I am not expecting them to.

However,
there is plenty of information in the court documents.

 

[ThoughtFox]

But Kaine doesn't appear to have radically altered his financial picture, so why even speculate that he's "selling" anything at all Kyron related?

Finally, it doesn't really matter if TMH has paid a $350,000, $250,000 or $35,000 retainer - her assets are still tied to Kaine's and she didn't have that money as far as Kaine was aware on June 4th. Disclosing assets and debts is such a regular, normal, EXPECTED part of a divorce that I can't even see what the outrage is about.

Also, I think people are forgetting that when she was asked to vacate the house she asked him for money first! Which is fine and logical - they are still married. So why the outrage that he is wondering where this attorney money came from, since she asked for spousal support just a few weeks ago? :waitasec:

 

[citigirl]

Kaine's "proof" of Terri paying $350K for Houze came from a 'sext' to Cook?

Good grief. What a crock.

I'd love, just for once in this case, to hear actual facts. Not rumors from a "reliable source", not Kaine's interpretation of what he hears from *whoever*, not what Mildred's granddaughter's best friend's hair stylist told her, but facts. Heck, make that singular. I'm not greedy. I'll settle for one.

Problem is, so many of these facts are assertions by Terri. I think it is fine that her lies are being used against her

 

[tehcloser]

I agree "IF" Terri is some how making money off of this it's wrong. But the biggest problem I have with it, as my Grams used to say, "It ain't our biddness." If it turns out she is and she's guilty...then it would be our "biddness". But that's just MOOOOO.

 

[passionflower]

IMO more smoke and mirrors.............where is KYRON???

 

[nursebeeme]

re: the sexting

IMHO, it's wholly inappropriate, and not just because Kyron is missing. Just in general, the situation is brimming with ick. Having said that, the pressure had been on Terri for weeks, and many speculated that she was being pushed until she broke. People often revert to a familiar coping mechanism when they are under extreme duress, and Terri's coping mechanism may be sex. It's interesting to me that MC seemed to be pursuing Terri (I think this whole thing was a set-up by someone who thought he could be the hero, IMHO). It wasn't her seeking him out; he was at her house, bringing her things, paying her attention. Just a thought...

bbm: we have ugly coping and now we have "sexual coping"

also, in the court docs it states that the sexts were similar to those she shared with the landscaper... she must be one stressed out lady ;-)

 

[tehcloser]

Nurse...as long as we never have to see "ugly sexual coping", I'm good.......lol.

 

[nursebeeme]

dang teh.... sexual coping is pretty darn ugly tho!

 

[ThoughtFox]

Kaine's "proof" of Terri paying $350K for Houze came from a 'sext' to Cook?

Good grief. What a crock.

I'd love, just for once in this case, to hear actual facts. Not rumors from a "reliable source", not Kaine's interpretation of what he hears from *whoever*, not what Mildred's granddaughter's best friend's hair stylist told her, but facts. Heck, make that singular. I'm not greedy. I'll settle for one.

Text messages and emails are valid facts in a case. They are considered physical evidence and not just hearsay because they travel directly from one place to another. You can email yourself and that can be considered proof of your existence. It's as real as a registered letter used to be.

It's considered a "paper trail" too because those messages are dated and saved somewhere. It's just like a diary being used in a court of law to prove someone's state of mind or motives.

The possible payment to TH's attorney is a "fact" because it was stated by TH in a message, and the police traced Terri's cellphone (fact - it's a real phone that belonged to TH) to Michael Cook's cellphone (fact - it really existed and had the same messages on it), and that $350K amount must have been in one of the messages - and those messages are now part of the evidence mounting against TH. They are valid evidence that can be used in court.

 

[Patty G]

I found this little "tidbit" should the money given to Terri was a "gift".

No tax payable by the person receiving your gift or bequest. Generally, the person who receives your gift or your bequest will not have to pay any federal gift tax or estate tax because of it. Also, that person will not have to pay income tax on the value of the gft ot inheritance received. However, covered gifts or bequests received from expatriates after June 16, 2008, may be subject to tax.

http://www.irs.gov/pub/irs-pdf/p950.pdf

 

[oceanblueeyes]

I guess the opposite thought is if the family sells rights to pictures to forward their cause of finding out what happened to Kyron, I see no problem with that.

But if Terri is selling them to make money for her defense of a crime she may have committed against Kyron, that is tantamount to re-victimization. And, that would really upset me.

I think all of these hundreds of photos being released to the media are put out by Kaine and Desiree. If Terri sold any photos I think she would make sure she picked the ones where she and Kryon are in it together along with her son and daughter.

Whomever is putting this photos out are making a tremendous amount of money. I remember that Amber Fry's friend got paid $15,000 by People's mag for one photo of Scott and Amber at Christmas and I am sure the amount has increased since then.

I have no problem with it either but I don't feel the money collected is going to finding Kyron though. They seem to be leaving that up to LE totally.

The two shots of Kaine and Terri when they got married in Hawaii could have been sold by the one that took the photos. We usually have all sorts of people wanting to make money selling photos of someone in a high profile case.

IMO

 

[human]

they got Al Capone on income tax evasion. Maybe they'll get TH on that charge.

 

[oceanblueeyes]

Text messages and emails are valid facts in a case. They are considered physical evidence and not just hearsay because they travel directly from one place to another. You can email yourself and that can be considered proof of your existence. It's as real as a registered letter used to be.

It's considered a "paper trail" too because those messages are dated and saved somewhere. It's just like a diary being used in a court of law to prove someone's state of mind or motives.

The possible payment to TH's attorney is a "fact" because it was stated by TH in a message, and the police traced Terri's cellphone (fact - it's a real phone that belonged to TH) to Michael Cook's cellphone (fact - it really existed and had the same messages on it), and that $350K amount must have been in one of the messages - and those messages are now part of the evidence mounting against TH. They are valid evidence that can be used in court.

Anyone can say anything they want to outside the well of a court.

Doesn't make it a fact just because someone says something. People unfortunately lie all the time or make typos when texting.

The fact will be how much was really paid to Houze and who paid it..........not what Terri may have said in a text or email.

The lawyer made it very clear in his response motion if Kaine had just called him first he could have told him that the money spent on her defense lawyer did not come from her funds. I am sure he can back that up.

IMO

 

[T-Rex]

I agree there is an issue with the "sexts" being shared with Kaine, and him using them in divorce proceedings. I'm not sure it rises to illegal, but if Terri didn't have other things on her hands, she might have a civil case. I have a feeling LE might be having a few regrets. Theoretically, her lawyer could ask for proof, and Kaine's lawyer would have to ask LE to go on record about a loose-lipped private briefing.

 

[believe09]

I agree "IF" Terri is some how making money off of this it's wrong. But the biggest problem I have with it, as my Grams used to say, "It ain't our biddness." If it turns out she is and she's guilty...then it would be our "biddness". But that's just MOOOOO.

using this lens would make what happened to Kyron and where he currently is none of our biddness as well of course...

 

[Emma Peel]

What? People hook up at funerals? I have never heard of that.

oooo...yeah. funerals. total turn-on.
:banghead::banghead: :croc: