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

[nursebeeme]

Actually the $350K came from Kaine's attorney via written communication through a third party, now known as sources saying it came from text message to Michael Cook.

No one knows if Kaine or Desiree made $$ off of Dateline. That is why I stated IF I was TH's attorney I would look into Dateline's interview for $$$ as we all know, these shows pay money for licensing fees.

I was responding to your statement of "trumped up". Yes, I am aware that his atty is questioning the 350k amt and that it most likely/allegedly came from a text...

but how do we know it was trumped up? How do we know the divorce atty is privy to the retainer amt she actually paid to the criminal atty... and if he if just going off of TMH's 'word' that it is not the actual amount than I have a really hard time believing a thing she says since she has already, in court documents, told MC to lie to her own criminal defense attorney.

 

[aim]

I agree. Unless someone besides Terri paid the money, but even then the money would be considered a gift and would still count as marital income.

Even if she hasn't really paid anything, but is signing over story rights, licensing fees (like the Anthony case) to fund her defense, Kaine still has a right to know the specifics. I believe that since the are still married that this is considered a debt of the marriage and he won't want to be on the hook for any of it. My understanding is that in a divorce all of the assets and debts are added up and then divided accordingly. That would mean KH's attorney's fee are also added in to the equation. Every penny they spend is coming from maital funds and has to be accounted for. I don't know that TH's attorney will be able to abate this matter. this isn't like when in the Anthony case they were trying to go forward with the check fraud or Zanieda slander case. KH shouldn't be denied a divorce in a reasonable amount of time.

During a divorce, you have to do a full disclosure and agree that you have provided the court with an accurate list of the assets and debts and then you sign at the end agreeing that everything is correct regarding the finances. I do know that if you want to go buy something like any property during a divorce that you have to have the other party sign away their rights, but you also have to take the amount that you spent off of what you are entitled to.

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.

 

[palladore]

For all we know, TH could have been told that should TH get arrested and charged, the attorney costs could be as high as $350,000.00.

The language used in the filing is "...she tendered a payment of $350,000 to her attorney, , ,"

My understanding is that in legal language "to tender payment" means to make a binding commitment to pay.

 

[Patty G]

I was responding to your statement of "trumped up". Yes, I am aware that his atty is questioning the 350k amt and that it most likely/allegedly came from a text...

but how do we know it was trumped up? How do we know the divorce atty is privy to the retainer amt she actually paid to the criminal atty... and if he if just going off of TMH's 'word' that it is not the actual amount than I have a really hard time believing a thing she says since she has already, in court documents, told MC to lie to her own criminal defense attorney.

Does it make sense to you to give a criminal defense attorney $350,000.00 when you haven't even been charged with a crime?

 

[nas212913]

Really? Kaine has to pay his legal fees? There isn't a single lawyer willing to do it pro bono? No offers at all, and if there were pro bono offers and he went with someone who charges-how is it Terri's fault that he can't pay?

I find it ironic that we can discuss how TH may have gotten 'gifts' to help with legal costs...but as of yet it seems a given that KH had to pay his lawyer? Does any of us really believe that he is having to pay for her, out of pocket and by himself? ":snooty:" Honestly, I would like to see if how KH is paying for it...pot meet kettle.

His little boy is missing, his wife may have hired a hitman; I HIGHLY doubt that there isn't a single person willing to jump in and lend a hand- babysitting, cleaning, cooking, LEGAL fees, household expenses ect. I would very, very surprised if no one offered. AND if no one offered, maybe WE should...heck if the guy pay his lawyer and keep up with household expenses, that is just sad.:waitasec:

Or, is it in his best interest to not have help, legally, in the long run?




RBBM: If this did happen, and LE has nothing BUT his word, then what happens to the RO that was based (at least partly on this). "well, someone told us he was asked to be apart of the MFH, but now he isn't talking.." Would the RO become invalid? Would there be any recourse for TH (assuming it was all a lie -I know BIG BIG assumption).


And lastly, I am really, really frustrated by all the criticism towards TH about her parenting of Baby K. First (before we found out about her being at the gym) it was "omg she must not be a very good mom to not even try and get custody-SHE'S GUILTY" and then after we had found out she went to the gym to get baby k and before she was served with the RO "OMG she tried to kidnap Baby K-SHE'S GUILTY" and then it was "We haven't heard anything from her, she should be contesting custody, SHE'S GUILTY" and now, that she is doing something (well at least her lawyers are) its "This is just a play by her lawyers, she doesn't really care about anyone/anything-SHE'S GUILTY":banghead:

Maybe she is, IMO she is, but that isn't based on her interactions with/ or non-interactions with Baby K. I know people who hate their spouse (and exes) but would never harm a hair on their child's head. Is she guilty? Time will tell, but it would be nice to know what we expect of her if she isn't guilty and stick with it. [Please note I am not criticizing anyone! That is not my intention!]

Thanks isn't enough!

I also want to point out that the RO was temporary. Anyone can walk into any courthouse and say they need a restraining order because they are afraid for their life. It's temporary until the court hears both parties and then makes the determination if a permanent one or no-violent contact order should be placed, if any at all.

 

[Mylou]

Actually the $350K came from Kaine's attorney via written communication through a third party, now known as sources saying it came from text message to Michael Cook.

No one knows if Kaine or Desiree made $$ off of Dateline. That is why I stated IF I was TH's attorney I would look into Dateline's interview for $$$ as we all know, these shows pay money for licensing fees.

It is the 3rd party part that stands out to me, I wonder who the 3rd party is that wrote a statement for the lawyer. So we have 1 TH texting MC=2. Is the source #3= 3rd party ? What exactly is 3rd party, passed from 1 to 2 to 3 ? Does 3 learn it from 2 or 1 or it doesn't matter ?

 

[gwenabob]

During the Dateline airing they stated (the narrator) that KH and DY had provided them HUNDREDS of photos.

IF TH is found innocent, and she has sold photos/stories/book rights...how is this any different then what DY and KH have already provided (don't know if they got any money).

I completely agree that if she were be found guilty then that would be a whole other ball game. But right now, is it fair to say "because we SUSPECT you did something-this is not okay for you to do, but when we do it, it is okay"?

If they were that worried about pictures/stories/videos/books...where was the necessity in providing hundreds?

Not criticizing, bashing, ect. ect. I am just throwing out some "questions for discussion" that have been tumbling around in my head.

****let the throwing of rotten fruit ensue***

Moo, moo, moo, and all that jazz.

Well, don't you think Kaine and Terry have more right to disburse photos of their son? Terri is NOT his mother. I think they have a right to be angry if Terri, a non-parent, SOLD anything having to do with THEIR child for big bucks, and didn't even ask/tell them. Especially if she is now using those big bucks to pay a fancy attorney to defend her when they think she is totally responsible for their son disappearing. There is something really unfair about that whole scenario.

 

[PDXMom]

Why would it matter if he agrees or not? Unless I read the document incorrectly they aren't asking KH's permission, they're asking for a ruling from the court.

Ok, I just read it again. Yes, it does say she "moves the court for an order...". I was confused because in the stipulations, she agreed not to contest the divorce. That wasn't a bargaining chip for Kaine, but rather for the court, yes? If she were asking Kaine to stall in return for promising not to contest, Kaine would probably say, "bring it on", because he has nothing to lose by her contesting it. But it's not his choice to make, I get it now.

 

[nursebeeme]

Does it make sense to you to give a criminal defense attorney $350,000.00 when you haven't even been charged with a crime?

it doesn't make sense to me to hire one....

eta: if she is innocent and has nothing to hide

further eta: and it also makes no sense to me to tell your sexting partner to lie to your criminal defense atty!

 

[gwenabob]

Does it make sense to you to give a criminal defense attorney $350,000.00 when you haven't even been charged with a crime?

It does if you know you are guilty and expect to be charged....

 

[goatman]

Another 'question of concern' for me is what happens IF TH is NEVER convicted/charged/named an official POI/suspect. If one or more happens, doesn't that slide (sadly) the scales in TH's favor.

Let's suspend disbelief and say that two years from now Kyron hasn't been found and Th hasn't be charged in his disappearance. If this were to happen, and KH and TH were in court again to discuss custody of Baby K and marital assests. Wouldn't it be quite easy for her lawyer to say something like "KH has public and nationally bemoaned TH's character he has accused her in the disappearance of his son and in a MFH plot-neither of which have yet to pan out...TH on the other hand has not publicly criticized KH and this is why we think she will be the better parent to have majority custody of baby k" (just theorizing here...idk...I think by 'putting pressure on TH' KH is putting himself in a precarious position if she doesn't fold...

 

[gwenabob]

It is the 3rd party part that stands out to me, I wonder who the 3rd party is that wrote a statement for the lawyer. So we have 1 TH texting MC=2. Is the source #3= 3rd party ? What exactly is 3rd party, passed from 1 to 2 to 3 ? Does 3 learn it from 2 or 1 or it doesn't matter ?

The attorney (Houze) and his client (Terri) are # 1 and # 2. MC is #3.

 

[Patty G]

Actually, I think $350,000 sounds exactly right. Criminal attorneys always get their money up front. They do not bill monthly. If things start to go south in the case, their client is likely to stop paying. Attorneys can't just quit if they aren't getting paid. If they want to quit representing their client, they have to ask permission from the court. The court can deny that permission, even if the attorney is not being paid. The judge would tell the attorney it is their own fault for not collecting the fee up front. The court will consider the rights of the defendant and them getting a fair trial--without their case being disrupted by a change in attorneys--before the rights of the attorney who wants to exit.

$350,000 is a lot of money. But it won't all go to attorney's fees. It will pay for expensive experts. It will pay for expensive court exhibits. The attorney has to pay his paralegals and assistants. He could be spending the better part of a couple years--at least-- mostly working on Terri's case.

Now, if it turns out she is never charged, then she is entitled to a refund of unused money. It sits in trust, and the attorney bills against it as he goes along. But really, it would be stupid for Houze to take a small retainer, and then have to keep representing her even if she can't come up with enough money to continue paying the fees. That's how it works, folks.

If you were not a person of interest or a suspect in a case, but by all intents and purposes you were last seen with a person who went missing, would you hire a defense attorney and pay him $350,000.00 or would you hire a defense attorney and put him/her on a small retainer, say $3,500.00 just in case you are charged with a crime?

 

[Mylou]

TH hired a lawyer after the MFH, RO. Honestly at that point even if innocent I would have hired a lawyer. If I were innocent I would hire a lawyer so I had someone on my side I could trust.

 

[PDXMom]

No I just filled out the standard paperwork, it's community property here so we divided everything via attorney communications, went to court, judge asked a couple of questions about nothing really and then signed the papers. It was all worked out between the attorneys and yes they were well paid. We didn't really disagree on much or have much to disagree about. The kids were staying with me and he didn't want them anyway and I just wanted him to go away. I didn't ask for much child support and didn't gat any anyway...l

ETA we did have to answer questions in the paperwork about incomes, insurance, etc

This was almost exactly my experience, too. Except I never saw a judge, nor did the ex. Our lawyers worked out minor differences, and it was a done deal. Same exact situation with the kids though.

 

[gwenabob]

If you were not a person of interest or a suspect in a case, but by all intents and purposes you were last seen with a person who went missing, would you hire a defense attorney and pay him $350,000.00 or would you hire a defense attorney and put him/her on a small retainer, say $3,500.00 just in case you are charged with a crime?

I think it depends on whether I knew I was guilty or not. If I was totally innocent and could prove it, I would find a cheaper attorney. If I was guilty, and knew it would/could eventually be proven, I would get a really good attorney. But I would be loathe to impose on my family. In reality, I would have broken a long time ago and taken a plea deal. I just couldn't handle the pressure Terri is living with.

 

[Patty G]

it doesn't make sense to me to hire one....

eta: if she is innocent and has nothing to hide

further eta: and it also makes no sense to me to tell your sexting partner to lie to your criminal defense atty!

Who exactly stated Terri told Michael to lie to her defense attorney? Was it Kaine, Desiree, LE, Michael?

 

[Mylou]

The attorney (Houze) and his client (Terri) are # 1 and # 2. MC is #3.

Houze ? How is he involved ? If TH lawyer is saying the 350K is not right then how does that mean Houze is #1?

 

[goatman]

Well, don't you think Kaine and Terry have more right to disburse photos of their son? Terri is NOT his mother. I think they have a right to be angry if Terri, a non-parent, SOLD anything having to do with THEIR child for big bucks, and didn't even ask/tell them. Especially if she is now using those big bucks to pay a fancy attorney to defend her when they think she is totally responsible for their son disappearing. There is something really unfair about that whole scenario.

BUT TH was the primary caregiver (however/whatever she got that position) for five years. She didn't give birth to him, but she was more than his dad's wife. She was the one who took him to school, was at his events, and did the day to day stuff. IF she is guilty then, yes, that is unfair. BUT if she isn't guilty, then why is it unfair? THEN those five years she invested in her family were mute? how many years do you have to be the primary caregiver before it counts?

 

[gwenabob]

Who exactly stated Terri told Michael to lie to her defense attorney? Was it Kaine, Desiree, LE, Michael?

I believe it was MC who told LE she said that. LE then told Kaine and/or his attorney who put it in the show cause motion.