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

[Calliope]

I have a question to ask that seems trivial considering the circumstances but what about the division of property inside the house?

Couldn't the spouse remaining in the house bring in a U-Haul and clean everything out of it? (Speaking in general not about TH.) Who monitors what goes and what stays? My stuff before marriage, your stuff, our stuff, the kids stuff, the cat, etc. How is it decided what things are fair to take and what things you need to buy my share of? Doesn't there need to be some sort of division of asset agreement before one party moves out and the other one moves in?

It seems like such a tiny thing in light of this entire situation but I can see how it can easily add fuel to an already raging forest fire.

His petition and RO was granted under this:

http://www.oregon.gov/OJD/docs/OSCA/cpsd/courtimprovement/familylaw/FAPA_Benchguide_4-24-06.pdf

I'm not clear if he is now asking for ouster under this statute, but if he is, I would guess this would apply? (this is listed under mandatory relief)

3. Ouster
Require respondent to move from petitioner's residence
if:
a. the residence is solely in petitioner's name;
b. the parties jointly own or rent the residence; or
c. the parties are married to each other.

The order may not affect title to any real property.

If the court requires respondent to move from
petitioner's residence, the order can also restrain
respondent from entering or attempting to enter a
reasonable area surrounding petitioner's current or
subsequent residence.

6. Police "Standby" for Essential Personal
Property

Order that a peace officer accompany the party
moving from the residence when that party
removes essential personal items (or property of
the children) from the residence.

a. Such items include clothing, diapers,
medications, social security cards, birth
certificates, and other identification.

b. The court’s only other authority to divide
property between the parties under FAPA is
the section authorizing “other relief the Court
considers necessary to provide for the safety
and welfare of the petitioner or children in
petitioner’s custody.” See III.B.2, below.

c. The "standby" time is not required to exceed
20 minutes and usually does not in most
jurisdictions. A police "standby" is required
to be available on only one occasion.

Listed under discretionary relief:

2. Property Division

While the statute specifically limits to “essential
personal effects” the property that a party may
remove while a police officer stands by, more
comprehensive property division could be ordered
by the court under the “other relief necessary”
provision. Due process concerns, however, limit
the extent such relief is ordered on ex parte
application and the issue, if appropriate at all,
would be more properly addressed at a contested
hearing. See IV, below.

----

IF he is doing this (and that's what it sounds like they did here):

H. Amendments/Modifications

1. Amending the Petition

Nothing in ORS ch 107 prohibits petitioner
from amending the petition or requesting the
court to amend the order. Due process
requires notice to respondent and an
opportunity for hearing on a request to amend
the order.

2. Modifying the Order

a. Within 30 days after the restraining order
is served, respondent may request a
hearing at which the court may cancel
the order or change any terms.

Then I would think the above applies?

The notation next to 'property division' (copied above) states:

Consider property division beyond
essential items cautiously. If tensions
surrounding control (or destruction) of
personal property are precipitating
contact or otherwise contributing
substantially to safety concerns, such a
temporary ruling may be appropriate.
Otherwise the issue is often better left
to a dissolution case or other court
filing.

 

[Breathe]

Calliope - you rock! This question has been bugging me for days. Thank you!! (I swear you're 10 times better than a live chat with wikipedia. You're sleuthing amazes me.)

 

[newone]

Thanks for the clarification

 

[Calliope]

Calliope - you rock! This question has been bugging me for days. Thank you!! (I swear you're 10 times better than a live chat with wikipedia. You're sleuthing amazes me.)

lol you nut

The way that reads, if Kaine had requested ouster in his original petition, it would have been granted and what I copied above would apply.

What's not clear to me is if he asks for the order to be amended, does all that still apply? Since it's no longer an ex parte hearing (is that the term?) because her attorney was there to represent her, how much of that is mandatory (like the police stand-by, only taking essential property, etc.) if at all?

 

[Breathe]

And I doubt that either one will go down without a fight. IMO

 

[CharlestonGal]

If nothing else, this should demonstrate that women should never become so completely dependent upon a man that in the event of the breakup of the relationship, she has nothing to her name.

That is a statement I have always agreed with. It's just not prudent these days.

However, I don't see that it applies to TH. She is 40-some years old and has only been married 3 years. I'm not seeing it as KH's doing that after being a legal adult for nearly 20 years before she married him, TH had nothing to her name. That's her fault, not his.

Also, in terms of alimony, I don't believe the court awards it to someone who has only been married 3 years. In addition, TH claims to have a Master's in education and years of experience teaching according to her resume, so is able to support herself (and pay child support).

I'm not surprised she's asking for money, though. We are, after all, talking about someone who has taken $500 a month for years from a man who is not even the bio father of her older son and who hasn't even seen the child in years. I also don't see her jumping to pay child support to the bio dad now that the child is living with him (maybe she is, but I haven't seen mention of such). She also should have (and would have) been ordered to pay child support for the baby in the original temp order if she were a man.

I wouldn't be asking for money if I were her. She needs to be paying child support for both her children. I also wouldn't been surprised if the older child's adoptive father continued to pay her after the child moved back in with his father a few months ago. I would imagine she probably neglected to tell him that little detail and continued to collect the money.

She's a piece of work, and I wouldn't give her anything. Her demands for money would be laughable right now coming from a man in the same situation.

All IMO.

 

[RoughlyCollie]

I would cut my losses, give a quit claim deed and let her take over the payments, the insurance, taxes, electricity, etc.

KH owned the house before he got married to TH. This is a short-term marriage of only 3 years. If he has any assets accumulated prior to this marriage, I think he should keep them if he can.

By the time this gets to divorce court, I hope Kyron has been found and the perp arrested. That may make all this a moot point.

 

[nyvictoria]

bbm

Now THAT is the interesting part. Really? She has no interest in fighting to see her baby? Well, doesn't that take the cake? It really is all about TERRI.

Well, well well...I just heard the other shoe drop. If she's not fighting to see Baby K, she must know she'll never win that fight.

 

[nyvictoria]

I find it unbelievable that people can criticize DY and say she can't possibly miss Kyron because she didn't have him full-time while, at the same time, defending Terri's decision not to fight to see her daughter.

Sometimes, I just don't get it :waitasec:

 

[kimmera]

Well, well well...I just heard the other shoe drop. If she's not fighting to see Baby K, she must know she'll never win that fight.

This speaks volumes to me as well. I would think that since she has a 'high powered attorney' working for her, we would have heard about her filing for a modification of that RO by now, to at least allow her supervised visitation with the child. But it would appear that she doesn't care about that from what the attorney has said thus far. BUT, she does care about getting 'her' money...it's all about Terri all of the time it would seem. :furious:

 

[mchris1024]

I read her that the baby was with a babysitter, I thought KH said she was with TH at the fair, do we have a link that says she spent part of the day with a babysitter?

 

[GrainneDhu]

KH owned the house before he got married to TH. This is a short-term marriage of only 3 years. If he has any assets accumulated prior to this marriage, I think he should keep them if he can.

By the time this gets to divorce court, I hope Kyron has been found and the perp arrested. That may make all this a moot point.

KH bought that house three months before he and TMH married, at a time when they were already co-habiting. In my state (I don't know about Oregon), the period of co-habitation before marriage would be treated as part of the term of the marriage.

While he probably does have assets accumulated from before marriage to TMH, somehow I doubt real estate was amongst them. Someone else posted here (can't remember who, sorry) that he sold his previous house for $70K less than he bought it for.

I doubt that finding Kyron and the perpetrator will make any difference to the motion to dissolve the marriage. If TMH did it, well, obviously, no difference. If TMH is factually innocent, do you really think either one of them would be willing to resume the marriage? I sure don't.

 

[RoughlyCollie]

I read her that the baby was with a babysitter, I thought KH said she was with TH at the fair, do we have a link that says she spent part of the day with a babysitter?

I wish I could find links about that, too. I've wondered if she gave the baby to someone else to care for after the science fair.

 

[RoughlyCollie]

Maybe they don't want her:angel:

Or maybe she doesn't want to move in with her parents. It could be much more delicious for her to try to force KH to provide her with the costs of moving to her own place, plus temporary support.

She is in a bind. She is not under arrest. Her reputation, rightly or wrongly, has been besmirched. I would not hire her or allow her around my children, until and unless it was certain she had nothing to do with Kyron's disappearance. This would be true even if she had been my best friend for decades -- I would not take the risk to my family, my reputation, and my business.

OTOH, even Mary Winkler was able to find a place to live and a job when her husband could no longer provide for her support.

 

[nyvictoria]

Missing children cases can fall under the family medical leave act FMLA. It is a federal program employers honor.

This has probably been mentioned already. If it has, sorry to repeat. I'm only on the third page of the thread

FMLA doesn't guarantee salary. It allows for 12 weeks unpaid leave for certain family situations. Intel may pay him but they aren't required to do so. Now that I think about it, I'm not sure this would fall under FMLA although it really should. Does anyone know for sure?

 

[evelyn24]

Talking head (Victoria Taft) on JVM just called TH 'certifiable' and full of audasity.
I guess legally as his wife she is entitled to money during divorce......just seems
she has brass b@!!s...........

It's so true, and IMO TH is just disgusting, because SHE is the one who has made this all about herself rather than finding Kyron. I knew she was the domineering one in the relash, not Kaine as others guessed. TMH runs the show. She's not one bit humble.

What a self-absorbed drama queen, no?

 

[RoughlyCollie]

Well, well well...I just heard the other shoe drop. If she's not fighting to see Baby K, she must know she'll never win that fight.

I think her attorney advised her not to fight it for reasons we do not know. That doesn't mean she is happy about the situation.

 

[evelyn24]

Missing children cases can fall under the family medical leave act FMLA. It is a federal program employers honor.

Yes twelve weeks of UNPAID leave.
So his position will be held but under FMLA he's not getting a dime.

 

[scotslass]

It's so true, and IMO TH is just disgusting, because SHE is the one who has made this all about herself rather than finding Kyron. I knew she was the domineering one in the relash, not Kaine as others guessed. TMH runs the show. She's not one bit humble.

What a self-absorbed drama queen, no?

I'm a bit put off that his has turned into mudslinging, We do not know TH or KH personally and have no real knowledge of what went on in their marriage. Nor do i care .FWIW i have heard the same things said about KH (affairs,control etc) it just not printed in the media.

TH has not spoken about these issues all of the speculation has come from things KH has said directly or indirectly by putting it in official documents.

KH moved out, he married TH they raised a family together, she is ENTITLED to support whether people like her or not.( Until she is proven to be the cause of kyrons disappearance and/or the MFH plot).

Now back to the regularly scheduled programming

This was not intended as a reply to your post specifically it just happened to be the last one entered. It was more of general observation on my part.

SOLELY MOO!!!!

 

[ClueMeIn]

She doesn't have custody, therefore she is not entitled to support.

So what? Kaine pays alimoney, while Terri pays child support? That would make no sense.

Also many many things come into play, when deciding who is "entitled" to what.