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

[pinkpuddytat]

There has been no court ruling on the division of assets (since the petition for dissolution has only recently been filed & a divorce decree has not yet been granted), therefore TH has the legal right to any accounts & assets, regardless of whose name (hers or KH's) they're in, or regardless of whether or not she contributed to them, according to this web site. Of course, it's entirely possible that KH may have withdrawn all funds from any and all accounts, in order to prevent her from accessing funds. Who knows?

However, once a divorce filing has been made, all sorts of related motions and orders may follow quickly, or even be simultaneous. And very likely in this case, that includes significant restrictions on Terri incurring debts to lawyers or withdrawing funds from joint accounts or encumbering marital assets such as the home.

This wouldn't need to be done in anything but an equitable manner either. Kaine could request and be granted an order that places equal limits on spending and debt incurrence on both himself and Terri. But since he doesn't have any apparent need for a team of pricey criminal defense lawyers, this would likely only have an impact on Terri's plans. For example, the request/order could prohibit either of them from using their home equity as collateral for a loan, pending a court hearing -- he wasn't planning to anyway, so no problem for him, but Terri's would-be lawyers who were telling her she'd have to borrow against the home to pay their upfront retainer fees, are now telling her "Sorry, we're not interested in taking your case without upfront payment". He could also build in a modest, equal amount for each of them to be allowed to spend for the initial payments to retain divorce lawyers, being perfectly equitable, but still preventing her from draining large chunks of marital assets for her personal benefit. Under the circumstances, I don't think any court would hesitate to approve such a request. The court rightly considers not only the fairness to each party to the dissolving marriage, but also the need for the child(ren) to continue to be supported during and after the dissolution of the marriage. Allowing one spouse to wipe out all the assets for her sole, personal benefit, is not equitable.

 

[gitana1]

I am sure Kaine is angry about Kyron's disappearance. He may have finally had it concerning Terrie's entire attitude about the matter.

Just because he filed for a divorce and restraining order doesn't mean she is responsible for Kyron's disappearance.

He may just be totally pissed off and using the court system to lash out at Terrie because he can't help himself.

(I'm not saying that's the case but countless parents and spouses have used court filings to punish someone simply because they can.)

But the grounds for granting a DV RO, which protects the child from contact with a parent, as well as the grounds for sealing the application and order, are pretty stiff. The judge had good reason for what he did, IMO. These are not matters to be taken lightly. I don't think the court would allow Kaine to use the system and "lash out" in this way.

 

[pinkpuddytat]

SBM

Or the only easily accessible accounts have already been drained due to the unusual family costs of the ongoing situation.

We have no indication that Kaine has been working since Kyron disappeared and while the family is not responsible for the SAR effort or investigative costs, there's all sorts of stuff in situations like this that eat money. Stuff like printing flyers and T-shirts to things like eating carry-out more often due to being too stressed to cook.

Easily accessible accounts are things like checking accounts and ordinary savings accounts. They may well have a 401K, etc, but those funds are not instantly accessible.

The incurrence of debt is probably a bigger issue than spending from the drawdown of accessible accounts. A typical family of the socioeconomic class that the Hormans appear to be in, has significant credit capacity, based on income, credit history, home equity, retirement account balances, etc. In other words, they don't have to get their hands on cash to wipe out their net worth and then some. Terri could sign an agreement to pay her lawyers their regular rates plus all their out-of-pocket expenses, for an as-yet-undetermined amount of work they'll be doing for her criminal defense. Just signing her name could end up triggering a six figure debt within a couple of weeks, and any bills racked up prior to Kaine filing for divorce or taking some other formal and public legal action, would be a marital debt for which creditors could go after all marital assets.

 

[Wrinkles]

It is difficult to guess the "reality" of why Kaine felt to do what he did, but ...

Let us pretend for a moment that he has adored Terri... He did say that Kyron was the son every father would want. Terri has had much to do with raising him, so it isn't a stretch for me to think that he adored her for helping him to raise this precious little one. And, he did marry her and have another child "with her." He did treat her to a lovely car. There were many smiling family photos with Kaine, Terri and the 3 children (yours, mine, ours).

So now we have a situation where Kaine may be learning information from LE that is pointing to Terri as a suspect. Maybe they have concrete evidence that she was involved (just not enough to arrest her yet) -- and they have expressed this to him. If so, well then it is really easy to fathom why he filed for divorce and RO. I mean, dead easy, why stick with someone you "know" did something to your son, why stay married to them so that they could endanger your other child -- why let any such monster have one more piece of you or your children AND empty your life savings to defend their sorry person.

BUT...what if we have a situation where LE has no solid evidence but they highly suspect, you have loved your mate and you cannot fathom this, you are absolutely torn apart... We must be reasonable in life and LE is a part of our reason, they are to defend and protect us. Despite Kaine feeling torn...he would have to do whatever he felt was the most reasonable, and sometimes that means dismissing someone you adore to protect the "littlest ones." If, after dismissing Terri and at some point in time, Kaine learns that Terri was not involved, he can only lean to, "I did that which was the most reasonable at the time -- I did that which I understood was to defend the littlest ones -- my personal feelings of trust for and love of my mate had to be laid aside under the circumstances."

Again...we do not know the "full text" of that which has been going on in this family, we don't know why Terri's teen son was no longer living at the family home, we don't know if LE learned that Terri was being unfaithful (we don't know if she was at all -- we have no reports of this), we know very little... We don't know why the divorce filing (not really) or the RO.

We do know that Kyron is missing, we know we want him home, we know there are those who are innocent of anything to do with his going missing, and we know that there is a perp out there.

Kaine, as father, must do what he feels is best for his children. IF I were Terri and innocent, in light of all that surrounds this situation and although I might feel betrayed and unloved by a divorce and RO at such a time, I would have to fight to forgive and understand. I might not like any of it, but I would HAVE to understand if I was a reasonable adult.

 

[Lokiza]

GNITE all. Going to get some sleep.
I can feel it...today something big is going to break in this case (gut instinct)...either that or I am plain tired.

**fingers crossed**

:angel::angel::angel::angel::angel::angel::angel::angel::angel::angel::angel:

 

[Skully]

All right...so why didn't he file for divorce the first few days after when it was clear that, according to SM, she'd left Kyron in the hall at the school on a day when it was filled with outsiders, etc.? SM's story ALL ALONG has been that she and Kyron split ways OUTSIDE of his class/a teacher's care. Why would that suddenly resonate with Kaine NOW, when all along SM has admitted she didn't walk Kyron to his class and officially hand him off to a teacher?

Maybe because he wanted answers, or maybe she hadn't fessed up to where she was and what she was doing until later. Her pings didn't add up but she could have tired to cover by saying maybe she was mistaken about the timeline. IDK, but if he found out she left him at risk somewhere other than a few steps from a classroom door, I would think he was fuming. So in the interest of finding Kyron, he waited, and fumed some more. I am just not ready to say it is her, because of Motive, (I can't see one), Opportunity, (the chance of being seen taking him out of the school) and the means, (so how did she kill him? gun? stabbing? hit over the head? ) what was her state of mind to do this? So I can't get on this bus yet.

 

[froginTtown]

I'm not familiar with Oregons laws.. But could it be that by divorcing her, he can now testify against her regarding other possible crimes that could have been found out about by LE, while investing the disappearance. That he couldn't talk to LE regarding certain matters because he was in a marriage..??? KWIM ??? Sorry..just tired...

 

[For The Kids]

The thing that keeps sticking in my mind is the teacher that said he was probably in the bathroom or getting a drink of water. I can't get it out of mind. I'm wondering if maybe she told the teacher this? And maybe told the other one about an appointment to get him away from the school? I can't imagine a teacher just assuming the kid is in the bathroom or getting water without the kid or a parent telling them that's where that kid is. And if it's a parent saying that, a parent that hasn't been suspected of anything bad before, there won't be any questioning and the teacher will take that parent's word as good and not think twice about it.

Either she lied to people to get him out of that school, or was extremely negligent by just leaving and not making sure he was in class. Either Kaine found out about her lies, her negligence, or both, and that caused him to want to have nothing more to do with her. I wouldn't blame him one bit if she was lying and negligent.

Or the little boy lied/got confused and that conversation never happened like that and the teacher didnt say he was possibly getting water or in the bathroom.

He is a young child and they get confused about things at times.

 

[amethyst221]

I assume that a "quality lawyer" means a privately retained criminal defense attorney, who would want money up front and cost a lot, as opposed to a public defender, in the event she is ever arrested and charged with a serious crime. I don't mean to be expressing my own opinion about the comparative quality of potential lawyers as a group -- just interpreting. If there are restrictions on spending while the divorce is pending, she's limited.

 

[For The Kids]

I'm sorry, guess I wasn't clear. I didn't mean the step-son was suspicious. We have learned he left because he couldn't get along with Kaine. I was wondering if the disappearance of Kyron might be a 'get even' kind of thing on the part of step-mom.

Also, I can't get over this feeling that Terri was set-up in Kyron's disappearance - I've had that feeling ever since I learned of the white truck appearing twice 3p and 2a the day he disappeared. I've never thought the brother was suspicious. I can see why there hasn't been a POI named in this case. moo

In fairness..that was stated on Nancy Grace who has been wrong on many many things in the past. IMO she is about headlines and not the truth. On the Kyron fb page it another reason..and the fact he didnt stay at his grandparents long kinda backs that up. I am sure this child has had a fairly troubled live and IMO unstable life.

 

[AbbieNormal]

Copy of restraining order-

http://images.bimedia.net/documents/Horman_restrain.pdf

 

[Kimberlyd125]

Abbie, isn't that just a copy of the papers stating the RO will be sealed?

 

[believe09]

It is a copy of the order vacating the order that the records be sealed.

This completely falls in line with what I believed when I found out they would be sealed; there are details of the investigation that were used and the request to seal was based upon the fact that it would compromise locating Kyron.

The judge in Abbie's pdf states that it will NOT endanger Kyron to release the records...at least that is how I am reading it. I am sure the media has been filing FOIA stuff on them.

 

[AbbieNormal]

Abbie, isn't that just a copy of the papers stating the RO will be sealed?

I dunno, could be, I didn;t read every word of it, just skimmed it and brought it here from somewhere else. Oh well. Sorry.

 

[amethyst221]

It doesn't seem everything is going to be open, does it? I wonder about the underlying affidavit, supporting the motion, that most likely lays out the factual basis for it. Unless the media forces it out, we may not be seeing that.

 

[AbbieNormal]

In fairness..that was stated on Nancy Grace who has been wrong on many many things in the past. IMO she is about headlines and not the truth. On the Kyron fb page it another reason..and the fact he didnt stay at his grandparents long kinda backs that up. I am sure this child has had a fairly troubled live and IMO unstable life.

I read somewhere before NG even got involved in reporting on Kyron that he had bad grades and he and step dad were "butting heads", which is normal for a kid that age and then you add the "step dad" factor. So I don't blame NG for spreading the butting heads rumor, I wasn't fast enough to read her FB posts before they got taken down/ made private so I have no idea what she said about the older son moving out. So what did her FB page say about it? TIA.

 

[tehcloser]

PORTLAND, Ore. (AP) -- A judge has barred the stepmother of a missing 7-year-old Portland boy from contact with her children and from access to firearms, further isolating her from the investigation into Kyron Horman's disappearance.

http://hosted.ap.org/dynamic/stories/U/US_MISSING_OREGON_BOY?SITE=FLTAM&SECTION=US

I didn't realize the RO kept her from her other child too.........

 

[believe09]

It only makes sense that if she is a danger to one, she is a danger to all.

She should have a hearing date set some time in the next 3 weeks that will give her a chance to argue against the RO.

 

[Calliope]

Now that it's been unsealed, we'll be seeing it soon enough.

I had my own theory as to why Kaine would file on behalf of the baby (I don't think terri has been directly/intentionally abusive), IF that is the case, but since media will release it today I'll hold off for now.

 

[For The Kids]

I read somewhere before NG even got involved in reporting on Kyron that he had bad grades and he and step dad were "butting heads", which is normal for a kid that age and then you add the "step dad" factor. So I don't blame NG for spreading the butting heads rumor, I wasn't fast enough to read her FB posts before they got taken down/ made private so I have no idea what she said about the older son moving out. So what did her FB page say about it? TIA.

Abbie it wasnt Terris facebook. It was the Kyron Horman missing one and at one they had discussion section on it and there was a local who claimed her child was friends with J . But I dont know if i would get into trouble if i posted it as i cant link to it now they have taken down the discussion section on there?

One thing i would say in fairness..both could be right so to speak as this person did state there was problems and thats why he was sent away. From what she said it just wasnt cos of Kaine though.

JMO