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

[Donjeta]

How did she support herself before meeting Kaine?

 

[WhyaDuck?]

That's a tough one. If their money is community property (and I do recognize the worth of parents who contribute to the family and finances by caring for the children at home) and she's being asked to leave the house, in a normal situation she'd be entitled to support... but my gosh this is a long way from a normal situation. I wonder what they'll do. I'm glad it's not my choice to decide.

I know. On one hand, a parent who minds the home and kids has a right to a share. But on the other, if she did indeed murder one of the children, let alone possibly tried to hire someone to kill her husband... It's sort of like, she would be getting paid for services she not even completely failed at but, rather, become completely corrupt in.

I, too, do not envy the judge who has to deal with all of this.

 

[ClueMeIn]

hmmmmmmmm let me think. When I got divorced, I got the house, alimony, and child support. He got nothing, not even visitation.

The kicker is that he rarely held a job, during our marriage. I supported the family. It sure felt just that he had to pay me for a change.

I live in Oregon.

 

[ZL27]

To the best of my knowledge, Terri has not been gainfully employed since she became Kaine's "live-in". She reportedly gave up a teaching position to move in with Mr. Horman and care for baby Kyron. The rest is history

It was my understanding that she lost her job because of the child endangerment conviction. I'll try to find a link.

Btw, I looked up the Oregon child support rules. Not having an income does not excuse you from paying child support to the custodial parent.

 

[Beyond Belief]

I think it would make a difference if we knew how much she is wanting. Setting up housekeeping isn't cheap.
I think KH should have a dna test done on the baby. Ouch, I didn't want to say that but I have been thinking it.

 

[ketel0ne]

hmmmmmmmm let me think. When I got divorced, I got the house, alimony, and child support. He got nothing, not even visitation.

The kicker is that he rarely held a job, during our marriage. I supported the family. It sure felt just that he had to pay me for a change.

I live in Oregon.

I'll bet Kaine feels a lot like you.

 

[KR2tonenow]

Just on JVM show.
Terri Horman wants money from Kaine before she will leave the house!
She has no children and cannot get child support.
Her lawyer asked for this money motion today at court!:banghead:

Well no money no lawyer, unless he is pro bono.

 

[WhyaDuck?]

I think it would make a difference if we knew how much she is wanting. Setting up housekeeping isn't cheap.
I think KH should have a dna test done on the baby. Ouch, I didn't want to say that but I have been thinking it.

BBM

This is a wise move in any divorce in which infidelity is even remotely suspected (in my very uneducated opinion).

 

[Angel4u2Whisper2]

Maybe her portion of the "money" she demands could be recouped child support. Equals out. It's all good? Just thinking... LOL

 

[Donjeta]

I know. On one hand, a parent who minds the home and kids has a right to a share. But on the other, if she did indeed murder one of the children, let alone possibly tried to hire someone to kill her husband... It's sort of like, she would be getting paid for services she not even completely failed at but, rather, become completely corrupt in.

I, too, do not envy the judge who has to deal with all of this.

Yikes, what a dilemma for the court. She's got the right to what's hers and she's innocent until proven guilty and all that but OTOH you wouldn't particularly want to encourage the perception that crime does pay.

It might be dragged on for quite a while if Kaine doesn't decide to cut his losses or something happen in the Kyron case.

 

[Angel4u2Whisper2]

:angel: She could afford to hire a hitman maybe she can afford to rent an apartment? Dunno but a hitman can't be cheap. Even those criminal types got bills to pay ya know?

 

[KR2tonenow]

I am not a lawyer, but I think the idea behind the expectations of both partners getting some share of the family savings at the time of a divorce is that that a spouse without paid employment who has stayed at home to watch minor children has, in effect, made it possible for the other partner to work and accumulate the wealth s/he has. Thus, in normal proceedings, s/he would have some reasonable access to the family wealth accrued during his or her unpaid service in the home.

Now, that is in theory. So don't take it as an endorsement in this case, as I don't know the particulars, at all.

MOO.

But how does this play into the legality of TH trying to have KH killed, and abducting Baby K? I would think there would be a Dissolution (law), in law, means to end a legal entity or agreement such as a marriage, adoption, or corporation, in which case does she still get monies?

 

[ClueMeIn]

I'll bet Kaine feels a lot like you.

I can totally relate to Kaine.

 

[AnaTeresa]

This is a wise move in any divorce in which infidelity is even remotely suspected.

Well, based off my readings for law school - as he's been Baby K's parent since she was born and claimed her as his own child, the law may still recognize him as her legal father, regardless of DNA. There have been cases where the non-biological father has had to pay child support because they have acted as the child's parent for so long. Depending on Oregon law, DNA showing she is not his daughter might not affect anything as far as custody/support.

I, too, do not envy the judge who has to deal with all of this.

Neither do I - especially if he has to rule for the law, which may run counter to what the court of public opinion holds.

 

[Tiki]

[Leaving your family home is a serious decision. Sometimes, after all things are considered, leaving is necessary. First, you should know that if you are the victim of physical abuse, you may be eligible for a restraining order under the Family Abuse Prevention Act. This order will require your abuser to leave the family home and, on a temporary basis, award you custody of any joint children.

I]Generally, each party is responsible for their own debts incurred during a separation, except for debts incurred for the support and education of the parties' minor children.[/I]

As a general rule, all property of both or either of the parties is divided in a divorce or separation in an equitable manner that is just and proper. Property acquired during the marriage is considered marital property, which the law presumes resulted from the equal contributions of both parties. The contributions of one spouse may be in the form of homemaking, contribution to the career or education of the other spouse, or other intangible or indirect contributions. Property acquired before marriage, by inheritance and during separation may also be subject to division by the court. The ultimate division of property need not be equal. Important factors include the contributions of the parties, the duration of the marriage, the financial condition of the parties, and the age, health, and earning capacity of each of the parties.

Dividing a marital home is frequently an issue. A court may award the property to one spouse subject to a money judgment in favor of the other spouse, or may order the property sold and proceeds divided or used to pay marital debts.

from

http://www.divorcesource.com/OR/ARTICLES/kramer8.html#1



.

 

[Cher352]

It was my understanding that she lost her job because of the child endangerment conviction. I'll try to find a link.

Btw, I looked up the Oregon child support rules. Not having an income does not excuse you from paying child support to the custodial parent.

IIRC the DUI was in 2004 or 2005. She had already quit teaching by then. She was a full time teacher prior to moving in with KH in the Hillsboro District. After moving in she only did sub teaching. Not sure if she did any sub'ing once the baby was born, I kind of doubt it.

 

[DairyGirl]

Get a job, Terri. You can't stay home with the kids anymore, so there shouldn't be any impediments.

I can think of a few

 

[WhyaDuck?]

But how does this play into the legality of TH trying to have KH killed, and abducting Baby K? I would think there would be a Dissolution (law), in law, means to end a legal entity or agreement such as a marriage, adoption, or corporation, in which case does she still get monies?

Just to reiterate - I'm not a lawyer. I can discuss the minutia of Talmudic precedent until the cows come home. Legal specifics in modern America, not so much.

I was just speaking to what I thought was the common theory behind why someone without a visible job might be entitled to some of the wealth s/he helped bring into the family even without a paycheck.

Other than that... *shrugs*... sorry.

 

[WhyaDuck?]

Well, based off my readings for law school - as he's been Baby K's parent since she was born and claimed her as his own child, the law may still recognize him as her legal father, regardless of DNA. There have been cases where the non-biological father has had to pay child support because they have acted as the child's parent for so long. Depending on Oregon law, DNA showing she is not his daughter might not affect anything as far as custody/support.



Neither do I - especially if he has to rule for the law, which may run counter to what the court of public opinion holds.

BBM

Yes, I was going to say something along those lines, but I wasn't sure if it mattered for a case south of the border, but I do know people who have remained responsible for child support even after a DNA result has declared them not the biological father, due to signing the birth certificate.

I was speaking in more general terms - it really is better to know right away, IMO.

 

[Amster]

Can't Kaine wait until Terri leaves to go see her lawyer, shopping, gym, etc. and move back in? Would the RO keep her away?