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

[DairyGirl]

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.

I don't think that should matter at this point. He is the legal father. In Oregon the husband is the legal father even if not biologically. He is the pyschological father. What if he isn't the bio dad? That poor baby goes back to her ?

 

[ami]

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?

I guess she'd have to be charged with these things first. What a mess.

 

[DairyGirl]

I find it amazing that she won't contest the RO and parenting time because she doesn't want to talk but she will talk to get money.

 

[Donjeta]

I don't think that should matter at this point. He is the legal father. In Oregon the husband is the legal father even if not biologically. He is the pyschological father. What if he isn't the bio dad? That poor baby goes back to her ?

I wouldn't think that he desires to lose another child right now. JMO.

 

[ClueMeIn]

Oregon is not a community property state.

So this leads me to the speculation...what if KH isn't Kaine's child? :O Would Terri get her back?

 

[gitana1]

The judge in the family law case must follow the law. She has not been charged or convicted. However, since he has 100% custody of their child, she would likely be responsible for some child support and that would offset a possible spousal support award. Also, in CA, family court is a court of equity, meaning decisions can be made based on fairness/parity, regardless of other laws that govern certain situations. I venture to guess that OR is similar. If so, the court could easily state that there will be no temporary support award because Kaine is too distraught to work at present.
As to a pre-division of assets and/or any attorney's fees award, if Kaine has used community assets to pay for an attorney, the court would likely allow TH to have some for a family law attorney as well. But I don't see that the court definitely has to award her a flat out pre-division of assets to help her get re-settled. It depends on OR law but there may be creative ways to get out issuing such an award if the judge feels Th is hindering an investigation and/or that it would be inequitable to give her any funds.

 

[Annazed]

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.

You have a point, but Kaine may be running out of money. I would imagine that his employer has supported him so far and that maybe he's burning through vacation days and such. He even seemed to be saying in the last presser that he was working, but he's got to be out-of-pocket a lot more than usual (wonder if he's making those Mustang payments?). His lawyer seems to think that he's on solid ground refusing to give her any money. Anyway, thanks for shifting the perspective on the matter a bit with your post.

 

[DairyGirl]

I just find it ironic that she won't fight to see her child but she will fight for money.

 

[MD MOMMY]

Talking about cars - if she needs money why doesnt she sell the mustang?

It's possible that it's titled in his name. I wouldn't doubt it since he supposedly bought it for her. Too bad huh?

 

[yosande]

She hasn't been arrested. LE has not even said she is a POI, or suspect.

No proof has been offered to the public, no evidence.

The only thing so far that looks fishy concerning her is that she should have known better than to have left him in the hall, not knowing if the teacher was in the classroom, and knowing the public was allowed on school grounds that am.

She did not do due diligence concerning Kyron that morning.
That much is true.

Everything else, so far is heresay.

I'm not saying she is innocent, I am saying that the info we have is from desperate parents, media spin, and LE who is allowed to use deception.

She is keeping her mouth shut, and not even fighting for her daughter.
This makes little sense since she allegedly used deception in an attempt to abduct her.

She must miss her daughter very much.
She too has lost everything, just as Kaine has.

I want more real evidence.
But I really want Kyron found!!!!

 

[Jules71]

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.

BBM. Agreed! She has not been convicted of anything yet - so she should be entitled to their monies, I would think. She doesn't deserve it, but I don't see how he could keep her from it. I didn't know when you are married, one partner can have their OWN money. I was always under the impression it is both of theirs, regardless if one does not work outside the home.

 

[DairyGirl]

Oregon is not a community property state.

So this leads me to the speculation...what if KH isn't Kaine's child? :O Would Terri get her back?

Years ago, in Oreogn, my husband sued his ex wife for custody. During the proceedings she claimed he wasn't the biological father, and after a DNA test it turned out he wasn't. He still won custody.

 

[gitana1]

Er shes having a affair why SHOULD he pay spousal support? Let her get a job so SHE can help to support her daughter. And why is she being thrown out??

This case is not most standard divorce proceedings by a LONG way.. JMO

OR is a no fault divorce state, I learned, which means that an affair does not play at all into support decisions.

 

[yosande]

Oregon is not a community property state.

So this leads me to the speculation...what if KH isn't Kaine's child? :O Would Terri get her back?

I think Oregon is a community property State.
Kaine was married to Terri when the babe was born. He likely is the father on the birth certificate. That makes him her father.
He would have to prove that he isn't.
Why would he want to do that? Why would he even think of going there?

moo

 

[yosande]

Years ago, in Oreogn, my husband sued his ex wife for custody. During the proceedings she claimed he wasn't the biological father, and after a DNA test it turned out he wasn't. He still won custody.

Yep, if his name is on the birth certificate, he is the one who has to dispute it. If he doesn't want to dispute it, he gets to stay daddy.
It's a legal matter.
He has rights by having his name on that birth certificate.
Those rights can't be stripped from him, unless he is an abusive parent.

I personally like this law. I think it's fair.

 

[gitana1]

One thing, though, I don't know about OR but in CA, if someone is found to have committed DV against the other spouse, the court can take that into consideration when deciding whether to make a spousal support award. My guess is that if TH gets anything it may be a modest award of disposable community assets.

 

[Aedrys]

Wow. Won't talk. Will hire hitmen and come on to other men. Possibly steal her child back if she could. And now she wants money? Are we going from Casey to Joran or what? Good thing you're not in Peru, TH. There you might get a dirty cell all to yourself, and that would be your biggest luxury. Money. You have got to be kidding me. What next, TH? Why don't you sell that flashy car of yours? I could go on, but I'd get in trouble.

God, I am going to be sick if Kaine has to give this woman one cent or pay for her lawyer. Well, unless she gives up Kyron, but still, you can't put a price tag on that.

 

[gitana1]

Any attorneys in the house?

Couldn't Kaine move back home and call LE to remove her since she's not allowed to be within X feet of him?

I'm here. he cannot do that. You cannot bait someone into violating the order. However, he can amend the petition and request exclusive use, which his attorney has done. He's a got a great attorney so I think he will be fine.

 

[gitana1]

From my perspective, KH hasn't thrown her out of the house. TMH put him and her child in danger; therefore, the court has prohibited her from going near KH and Baby K. In essence, the court is throwing her out for her own behavior.

I agree with this from a legal perspective. Bad behavior gets a person bad results.

 

[yosande]

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.

I'm not a lawyer, but with a restraining order that states repeatedly that she tried to have him killed, especially by hiring someone to do so would likely prohibit her from receiving any funds from him, even though he filed for divorce not on that particular reason.

She may just have to go stay with mom and dad, and her son's dad may file for custody on their son, or the court may say she can't be there if he is there, Idk. Perhaps she has a sibling, or Aunt, or someone.

You know, what if she didn't do anything to Kyron?
i mean, what if? She sure is losing an awful lot if she is innocent.
If she's guilty, she deserves every bit, but what if? wow.
moo