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

[AnaTeresa]

Do they actually have a copy of what was filed? It could be that she's petitioning for her share of the money she deposited into a joint account, which is not unreasonable. If he's blocking access to her own money, petitioning the court for it is not audacious.

 

[Baxter]

BBM. Really? My ex daughter-in-law left my son while he was in the military in a foreign country. She took their child, moved back to the states, moved in with another man and my son was still forced to pay child support AND alimony for at least a year.

But Kaine has their child.

 

[For The Kids]

BBM. Really? My ex daughter-in-law left my son while he was in the military in a foreign country. She took their child, moved back to the states, moved in with another man and my son was still forced to pay child support AND alimony for at least a year.

IMO whilst it wasnt nice what your ex daughter in law did..it cant be compared with the situation with Kaine and Terri. jmo

 

[Trident]

But Kaine has their child.

He should still pay alimony/spousal support until she gets back on her feet. Of course, it probably differs from state to state.

My opinion only

 

[MsFacetious]

Kaine bought the house before they were married and it is in HIS name.

My Uncle was in a similar situation and he simple had her removed from the property, restraining order put in place. She couldn't even come back to get her jacket. He packed her stuff in boxes and put them in a Uhaul for her.

Is there a reason in Oregon, why Kaine can't just have the police remove her, (or change the locks while she is gone) and send her on her way? Then he could put her things in boxes, put them in a trailer and have them taken to her.

I was thinking there was a reason he wanted it to be in the restraining order. Perhaps to be as nice as possible about it. But if it comes down to it, can't he just have her removed from the property? :waitasec:

 

[ZL27]

Why shouldn't she have spousal support? She didn't initiate the divorce proceedings and is being thrown out of the only home she's known for the past .... however many years. It's standard in most divorce proceedings.

From 107.105 of the Oregon Statutes.

In awarding alimony, Oregon laws do not consider the fault of either party in causing the grounds for divorce. Oregon laws allow the court to order one of the following types of spousal support, for a period of time as may be just and equitable, in gross or in installments or both:

(A) Transitional spousal support as needed for a party to attain education and training necessary to allow the party to prepare for reentry into the job market or for advancement. The factors to be considered by the court in awarding transitional spousal support include but are not limited to:

(i) The duration of the marriage;

(ii) A party's training and employment skills;

(iii) A party's work experience;

(iv) The financial needs and resources of each party;

(v) The tax consequences to each party;

(vi) A party's custodial and child support responsibilities; and

(vii) Any other factors the court deems just and equitable.

(B) Compensatory spousal support when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party and when an order for compensatory spousal support is otherwise just and equitable in all of the circumstances. The factors to be considered by the court in awarding compensatory spousal support include but are not limited to:

(i) The amount, duration and nature of the contribution;

(ii) The duration of the marriage;

(iii) The relative earning capacity of the parties;

(iv) The extent to which the marital estate has already benefited from the contribution;

(v) The tax consequences to each party; and

(vi) Any other factors the court deems just and equitable.

(C) Spousal maintenance as a contribution by one spouse to the support of the other for either a specified or an indefinite period. The factors to be considered by the court in awarding spousal maintenance include but are not limited to:

(i) The duration of the marriage;

(ii) The age of the parties;

(iii) The health of the parties, including their physical, mental and emotional condition;

(iv) The standard of living established during the marriage;

(v) The relative income and earning capacity of the parties;

(vi) A party's training and employment skills;

(vii) A party's work experience;

(viii) The financial needs and resources of each party;

(ix) The tax consequences to each party;

(x) A party's custodial and child support responsibilities; and

(xi) Any other factors the court deems just and equitable.

*****************************​

The only reason she doesn't have a job is she got canned as a result of her child endangerment conviction. So I see no reason that it be just and equitable that Kaine pay a dime to her after only three years of marriage and when there is nothing wrong with her physically that would prohibit her from getting a job.

Not to mention, as the non-custodial parent, she should be paying him child support.

 

[Emma Peel]

Why shouldn't she have spousal support? She didn't initiate the divorce proceedings and is being thrown out of the only home she's known for the past .... however many years. It's standard in most divorce proceedings.

:rolling:

it will be interesting to see how the court works this one out.

o/t but for example: does Lindsey Croslin, now employed, and undergoing divorce proceedings, expect to have to pay spousal support for Tommy? :biggrin: I've never thought about it.

 

[For The Kids]

He should still pay alimony/spousal support until she gets back on her feet. Of course, it probably differs from state to state.

My opinion only

IMO any judge that makes Kaine give Terri money truly sucks.

Any rules that apply normally shouldnt in this case

JMO

 

[Donjeta]

The remedial sanctions they want are listed in the pdf:
http://images.bimedia.net/documents/horman-affair.pdf

In short:
- Full disclosure of who was given the RO information directly or indirectly
-order of compliance
-Sanctions such as a fine for each day that she's in contempt, compensation for the costs and losses caused for the petitioner, possible probation or a confinement for the duration of the contempt or up to six months (whichever is shorter)

 

[Emeralgem]

Do they actually have a copy of what was filed? It could be that she's petitioning for her share of the money she deposited into a joint account, which is not unreasonable. If he's blocking access to her own money, petitioning the court for it is not audacious.

And what money would that be, does she have a job?

 

[ZL27]

...hes not working and isnt likely to be for some time....

I'm hoping that since Intel is a large company with a lot of resources that they are keeping him on the payroll while he searches for his son.

 

[believe09]

Umm, another way to look at this is that if he pays to move her, he gets the house faster. With less drama.

I think he will end up doing it on the advice of his attorney in order to settle baby K back into her home which Kaine had deemed important. But it was nice of his attorney to share it with the press to further inflame public opinion against her....JMO.

 

[believe09]

Like BeanE I am shocked at the 60 days between the filing of the contempt and the hearing...that is a long time to wait.

 

[For The Kids]

This is not unreasonable, if they had a joint account and he has not allowed her access to any money, she is going to have a hard time paying a deposit or rent on any place else to move out to. I would think access to enough funds to do that would make KH's life a whole lot easier if it would get him back home faster.

jmo

It would have made Kaines life a whole lot easier had he still had his son at home with him.

JMO

 

[Jules71]

Just curious how it works when one party files for divorce - is Oregon a community property state? Could she have withdrawn all of money from their joint accounts? Even if it was Kaine's house first, once married isn't she equally entitled to it? Not sayin she should get anything but how does that work? Can my husband just come home one day, have me served with divorce papers, freeze all of our accounts, and kick me out of our home?

 

[AnaTeresa]

He should still pay alimony/spousal support until she gets back on her feet. Of course, it probably differs from state to state.

My opinion only

Unpopular opinion, but I agree. How is she to cover the costs of moving if she has no money? How is she to find another place to live? She's probably limited in her access to their joint accounts - and she has not been convicted of anything. I don't think it's fair or equitable to kick her out completely destitute.

Any rules that apply normally shouldnt in this case

So we should follow the law....but only when we want to? I don't think that's how laws work.

 

[ThoughtFox]

She's probably entitled to some of the joint property, but at the same time the police are probably telling KH to stall on that in case she is a flight risk.

Just my :twocents:

Why make it easy on her?

 

[ketel0ne]

I'm hoping that since Intel is a large company with a lot of resources that they are keeping him on the payroll while he searches for his son.

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

 

[For The Kids]

Umm, another way to look at this is that if he pays to move her, he gets the house faster. With less drama.

I think he will end up doing it on the advice of his attorney in order to settle baby K back into her home which Kaine had deemed important. But it was nice of his attorney to share it with the press to further inflame public opinion against her....JMO.

Or she could just have the decency to pack her things and get out of the house so that baby K can go home..

JMO

 

[Donjeta]

IMO it was interesting phrasing that it was previously reported that Terri agrees to move out of the house but now we find out that she first wants to be paid.

It's like I told you that I've agreed to give you my car, but only if you give me 10.000 dollars.

That's not an agreement, that's a sale attempt.