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

[ami]

If Kaine is now baby K's sole legal guardian and HE thinks it is in her and Kyron's best interests to have his divorce finalized quickly, then this is what he believes. It's not up to us to say it makes "no difference" to the children if he remains married to Terri - as their legal guardian it's up to Kaine to decide how important it is to the welfare of his children.

Second, the fact that Terri grossly overstated the amount that Houze charges, is paid, could be paid, should be paid, asked to be paid or however you want to phrase it - only shows that she isn't being honest or accurate and even if it has no legal ramifications, it does set up what one might call a reference point to her relationship with numbers, facts and figures (which has played a huge role in the Kyron case). Anyway, even if she is expected (while still married to Kaine) to only pay $35K or $3.5K or 35 cents - it's still his business.

She threw the number 350K out there in reference to her attorney. Kaine responded with a request to officially discover the amount that she possibly committed to paying her attorney and from where she (his wife) was going to come up with the money. If it's not 350K and she's a liar, or a "misspeaker" or a "decimal displacer" then her attorney can send over some documentation to show whatever is legally necessary for Kaine to know what's going on with his own marital finances.

 

[Sherbie]

Right! I need the all the text to be able to put it context myself. I wonder who marked out those other text messages, LE or KH's lawyer?

Plus I what to know it if was even legal of LE to provide KH with that information. I assume a judge signed off on the order to collect TH's cell records information for a criminal investigation not a divorce.

For LE to turn this information over to a spouse for his divorce doesn't seem quite legal to me. I mean how many divorcing couple in this country would love to have LE provide them with there soon to be ex's text messages?

I assume it is legal or else her attorney would have argued the point in the motion for abatement or some other separate motion. Maybe one of our attorneys could answer that on the verified lawyer thread.

 

[Chablis]

I guess it's just me but I am just not interested in any of this divorce or money stuff...I think the divorce was a long time coming and would have happened one way or another; in this way, Kaine gets to take the high road and probably the baby, if not the way he probably wanted or envisioned. I don't see how any of it helps to find out what hapepned to Kyron.

Most true crime is very complicated and has side shows.

 

[Chili Fries]

I guess it's just me but I am just not interested in any of this divorce or money stuff...I think the divorce was a long time coming and would have happened one way or another; in this way, Kaine gets to take the high road and probably the baby, if not the way he probably wanted or envisioned. I don't see how any of it helps to find out what hapepned to Kyron.

At least this stuff keeps his case in the public eye. I think without all the lurid details the case would have faded from the front page a while ago.

 

[debs]

bbm
It goes to state of mind in my opinion.

I have this niggling feeling that won't go away that suggests that MC was asked to engage Terri and she refused to play beyond the informational Kyron is missing level, and that someone else took it upon themselves to send pictures of Terri in flagrante delicto in order to bolster the public's view of her.

MC says he never had sex with Terri. I can't imagine anyone engaging a woman who is at the center of attention for sexting purposes at all, unless there is a motive behind it. That motive just keeps seeming to benefit Kaine in his divorce from Terri. For each time a person asks "Why would Terri do this?" I always say "How do we really know it was her that did?"

For instance, what if she'd taken those pictures (if they indeed exist) and had done so in a "spice up the marriage" moment? Then, in the heat of the investigation, MC insinuates himself close to her. She takes his attention as a comfort, not a sexual come-on, but someone else sees the opportunity to just dig her deeper into scandal.

What I know is that it cannot be proven based on the information we have here, that Terri is the one who sent those photos and sexts to MC. All we can know is that it appears something of that nature was sent between the two phones. Who really had Terri's phone, since it is obvious she had need of a bat phone.

 

[wondering1]

Sorry, I'm not buying it. I'll grant you your statement is true in many cases. Here, though, it just doesn't fly for the following reasons:
(1) KH has sole custody of the baby and TH is restrained from any contact;
(2) We aren't talking about postponing the divorce, TH isn't contesting the divorce and the divorce can be granted immediately, we're only talking about delaying the division of custodial rights and marital assets;
(3) TH is unemployed, has no independent assets amd is likely unemployable until the criminal case is resolved - KH isn't getting any money out of this divorce, he'll only be paying it out to TH;
(4) TH's motion for abatement stipulated away all of the other valid financial reasons KH may have had to oppose it (e.g., she waived any claim to the earnings on the marital assets post separation); and
(5) the baby is not old enough to understand and be anxious over a delay in the resolution of her parents' financial situation.

No, KH has no reason to fight the motion for abatement other than as a vehicle to sling mud at TH via court motions that are immediately released in the press.

Two points -- TH is seeking the abatement, so the burden is on her to show why it's necessary. Not on KH to show why it isn't. The court could find that her reasons don't justify the relief sought even if it completely rejects KH's arguments about why it's unnecessary. Although I have to say, I rarely see a Judge force a case forward if there's ANY way it can be taken off the docket instead.

Second, you seem to be saying that KH's motives are bad and wrong, while TH's are sterling. I disagree with that completely. TH has already demonstrated that she's willing to give up all access to her toddler rather than take the chance of testifying or pleading the 5th. That clearly is her objective in this instance as well, imo.

And KH's motive isn't to *sling mud* as I see it -- as if that would be necessary. TH is practically loading the mud and hitting the *sling* button herself, imo. I can see that one of his strategies, if not his exclusive strategy, is to force TH to cave on all issues so she can once again avoid testifying or allow herself to be evaluated by a custody evaluator. My my, that won't look good, will it. Sounds like a pretty good strategy to take if you happen to be married to someone who you believe tried to have you killed and disappeared your son one way or another. And I think he and his lawyer know it will work, because it already has happened once. jmoo

jmoo

 

[Sherbie]

Ok, so your argument is that 2) should be discussed technically, while 1) should not.

Bottom line. Why get a divorce if the two major issues, custody and financials, aren't determined in that divorce? By bifurcating the divorce from the other issues, it really nullifies Kaine's RIGHTS to self-determination of those issues as a divorced person (see papers filed today).

Puf, I believe that if the RO is uncontested, it more or less stays in effect as is unless/until some other proceeding addresses it.

I agree with desquire about the dissolution with one slight clarification (at least from my understanding). TH is agreeing to a dissolution of the marriage itself IF Kaine agrees and/or the Court orders that the other matters be held in abeyance. So if he will not agree or the judge does not order the abatement, she will not agree to the dissolution.

IOW, I read it as, "I agree to make the marriage go poof if you agree to wait on the other issues; but if you don't, then you can just wait for the dissolution til the court resolves all the matters." Just my take on it.

 

[RubyRed]

http://www.oregonlive.com/portland/index.ssf/2010/08/kaine_hormans_lawyer_files_tex.html​

 

[pufnstuf]

If Kaine is now baby K's sole legal guardian and HE thinks it is in her and Kyron's best interests to have his divorce finalized quickly, then this is what he believes. It's not up to us to say it makes "no difference" to the children if he remains married to Terri - as their legal guardian it's up to Kaine to decide how important it is to the welfare of his children.

Second, the fact that Terri grossly overstated the amount that Houze charges, is paid, could be paid, should be paid, asked to be paid or however you want to phrase it - only shows that she isn't being honest or accurate and even if it has no legal ramifications, it does set up what one might call a reference point to her relationship with numbers, facts and figures (which has played a huge role in the Kyron case). Anyway, even if she is expected (while still married to Kaine) to only pay $35K or $3.5K or 35 cents - it's still his business.

She threw the number 350K out there in reference to her attorney. Kaine responded with a request to officially discover the amount that she possibly committed to paying her attorney and from where she (his wife) was going to come up with the money. If it's not 350K and she's a liar, or a "misspeaker" or a "decimal displacer" then her attorney can send over some documentation to show whatever is legally necessary for Kaine to know what's going on with his own marital finances.

Great post... perfect, in fact. And love "decimal displacer." :floorlaugh:

 

[pufnstuf]

Puf, I believe that if the RO is uncontested, it more or less stays in effect as is unless/until some other proceeding addresses it.

I agree with desquire about the dissolution with one slight clarification (at least from my understanding). TH is agreeing to a dissolution of the marriage itself IF Kaine agrees and/or the Court orders that the other matters be held in abeyance. So if he will not agree or the judge does not order the abatement, she will not agree to the dissolution.

IOW, I read it as, "I agree to make the marriage go poof if you agree to wait on the other issues; but if you don't, then you can just wait for the dissolution til the court resolves all the matters." Just my take on it.

No argument there.

My point is that Kaine may be able to take the ring off his finger, date other people, and remarry, but the important decisions about custody and finances (to me, the most important considerations) will be postponed for possibly years (if Kaine's lawyer's claim is factual--two years).

It's like being divorced without being divorced at all. DOPO- Divorced On Paper Only.

 

[Donjeta]

Wouldn't her attorney have said something about it being a lie or a fraud that she sexted MC when he responded to the RO petition since it was used as an argument there?

"Respondent's reputation is being slandered by this petition because Respondent never sent this person any photos of her hoohah like the Petitioner alleged. It must have been one of a number of people who had free access to Respondent's phone, and Respondent contends that the petition maligns her and should be ruled unlawful because of unjust allegations. Just because it was her bat phone doesn't mean it was her bat..."

 

[gliving]

What I know is that it cannot be proven based on the information we have here, that Terri is the one who sent those photos and sexts to MC. All we can know is that it appears something of that nature was sent between the two phones. Who really had Terri's phone, since it is obvious she had need of a bat phone.

SBM Good question Debs.

Can we form a time line of MC's departure to the purchase of the batphones?

ETA The restraining order say the texting was on or after June 30.

And the bat phones:

"Friends of Terri Horman purchased disposable cell phones shortly after the father of missing 7-year-old Kyron Horman filed for a restraining order, FOX 12 confirmed Friday.

During the course of the investigation into Kyron’s disappearance, Terri Horman and her friends believed their other personal cell phones were being monitored. They purchased new ones for the sake of privacy."

http://www.kptv.com/news/24550452/detail.html

 

[Sherbie]

I wouldn't characterize Kaine's filing as "slinging mud" either. Nevermind the MFH allegations (which he didn't just pull outta his a$$, by the way)...if I thought someone had done something or even knew something in regard to my child disappearing, the thought of being married to that person would make my skin CRAWL, and I'd want out ASAP. I'd also be terrified for the safety of my other child.

In addition, if I could file something to force that person to possibly go under oath and explain herself and find some answers about my child, I wouldn't hesitate to do that either.

THIS is the reason TH wants an abeyance, IMO:

"[FONT=&quot]107.425 Investigation of parties in domestic relations suit involving children; physical, psychological, psychiatric or mental health examinations; parenting plan services; counsel for children.[/FONT][FONT=&quot] (1) In suits or proceedings described in subsection (4) of this section in which there are minor children involved, the court may cause an investigation to be made as to the character, family relations, past conduct, earning ability and financial worth of the parties for the purpose of protecting the children’s future interest."

http://www.leg.state.or.us/ors/107.html
[/FONT]

 

[Kat010]

In the south, we'd say "that girl ain't right."

And then we'd add "Bless her heart."

 

[For The Kids]

Well, her attorney stated that estimate was grossly overstated. I'll take him at his word, since it's his fee, after all.

Well if you believe the lawyer does that then follow that you dont believe Terri? And if she lied about that how do you know shes not lied about anything else?

 

[Emeralgem]

How do we know that the redacted parts aren't sexually explicit? Because they seemed to have been talking about something else entirely when Cook then says "Hey, on a side note, the news channels all just announced you have Houze?"

My guess is some of those redacted texts are hoo hah related. (That's for you, Emma lol)

O/T WHY does Al Pacino wearing sunglasses come to mind when I hear that word... Hoo Hah?

I am being serious too... I can't remember anything other than hearing that word at some point in time...

Edit.. Ok I remember... Just can't recall the name of the movie..I also remember the guy from Dead Poets Society who played Knox Overstreet starred in it too..I think..

 

[BeanE]

SBM Good question Debs.

Can we form a time line of MC's departure to the purchase of the batphones?

ETA The restraining order say the texting was on or after June 30.

And the bat phones:

"Friends of Terri Horman purchased disposable cell phones shortly after the father of missing 7-year-old Kyron Horman filed for a restraining order, FOX 12 confirmed Friday.

During the course of the investigation into Kyron’s disappearance, Terri Horman and her friends believed their other personal cell phones were being monitored. They purchased new ones for the sake of privacy."

http://www.kptv.com/news/24550452/detail.html

The phones were purchased after Kyron's father, Kaine Horman, moved out of the family's home.

http://www.katu.com/news/100161574.html

Kaine moved out Saturday, June 26.

 

[ami]

Just because it was her bat phone doesn't mean it was her bat..."

Omg!!!!!!!!!!! That can be the new "if it doesn't fit you must acquit"...defense slogan.

 

[eyes4crime]

I wouldn't characterize Kaine's filing as "slinging mud" either. Nevermind the MFH allegations (which he didn't just pull outta his a$$, by the way)...if I thought someone had done something or even knew something in regard to my child disappearing, the thought of being married to that person would make my skin CRAWL, and I'd want out ASAP. I'd also be terrified for the safety of my other child.

In addition, if I could file something to force that person to possibly go under oath and explain herself and find some answers about my child, I wouldn't hesitate to do that either.

THIS is the reason TH wants an abeyance, IMO:

"[FONT=&quot]107.425 Investigation of parties in domestic relations suit involving children; physical, psychological, psychiatric or mental health examinations; parenting plan services; counsel for children.[/FONT][FONT=&quot] (1) In suits or proceedings described in subsection (4) of this section in which there are minor children involved, the court may cause an investigation to be made as to the character, family relations, past conduct, earning ability and financial worth of the parties for the purpose of protecting the children’s future interest."

http://www.leg.state.or.us/ors/107.html
[/FONT]

Thanks for this Sherbie! :yes: Seems to me that both, Kaine and Terri, would want to ward off some of the investigative areas. moo mho

 

[rnmif]

Wow. All along it's been said that it was in writing how much Terri paid. But this doesn't say how much she paid at all. It says how much he costs.

"Yep, guess how much he costs?" Terri wrote back.

"Zillions?" Cook asked.

"350K," Terri Horman replied later.

Now I see what Terri's attorney meant.

(A Coach purse I wanted costs $400. I went to an outlet where I paid $150 for it.)

Beyond that, the word used before was "retain", not "paid". My stepfather's firm charged a standard 10% retainer. And attorneys do need to do so much pro bono work, and if you can combine that with the free PR on a high profile case, so much the better.

The original response filed by her attorney noted that legal expenses were not claimed to be marital debt, meaning they plan to make a case that she has in fact paid a retainer, and the remainder will be paid out over time.

That said, I've found it curious they put so much effort into delaying the divorce for the purposes of holding off a judgement on custody and division of marital assets. I'll say now what I said then, either she has access to unknown thousands of dollars, or her team believes there is hope for her to get some form of custody and some access to marital assets.