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

[Jaxson]

First, Terri's attorney would NOT have chatted to Kaine about the marital asset issues over the phone, should Kaine have called him. And there's no WAY that Kaine's attorney would take something Terri's atty said about marital assets at face value, without proof, without documentation, without fact checking. Of course her atty is going to say it wasn't anything to worry about! That doesn't mean Kaine doesn't have the right to know, the right to proof, the right to something in writing that says this money was not a marital asset and is not a marital debt. His attorney wouldn't have even bothered going through the motions of contacting the other guy by phone for "verification". It would have been a waste of time.

Lawyers in divorce cases send paperwork back and forth all day long hashing out the particulars. If Rackner called Bunch he would have put it in writing that would be used in court at such a time as Kaine was being forced to pay. Been there done that. Attorneys don't get to lie to each other. She didn't have to make it a motion.

 

[1Chump]

Well yes, and correct me if I'm wrong but part of the problem when you violate an RO is that you have done things which could potentially have caused harm to the petitioner(Kaine and K.)

So MC googling K's addy could show that there was at least some intent to violate the RO by trying to make contact with, or worse, Kaine and K. The contempt motion also seeks information about who the other two people who were given copies. So, I guess I have to think, what if there is still some danger to Kaine and K. Who are these people?

Kaine has moved home at this point, but what was the intent? Why was this done? Who are these people? And a judge should IMO get to the bottom of that and put the safety of those protected under the order first, before any motion to stay.

IMO, that is the part that makes absolutely no sense. The "main" reason given repeatedly for the RO was that TH "tried to hire someone to kill me." KH was so in fear for his life that he needed protection. So why would he give his current undisclosed "address" for her to maybe "finish" the job?

IMO, the Judge redacted KH's current address prior to signing the order. If that is the case, the only address MC could have googled was KH's attorney's address.

 

[Donjeta]

Divorces would be so easy if everybody took a leaf from PB's book. "Hi, I'm just calling you about the divorce we're handling together. My client is wondering where your client has stashed the vast sum that he drew from their joint account just hours before filing for the divorce because some of it is hers."
"I'm glad you called because my client did no such thing. He just paid some of their bills, that's all."
"Okay then, glad to have that sorted out. We should have lunch one of these days."

 

[Jaxson]

Divorces would be so easy if everybody took a leaf from PB's book. "Hi, I'm just calling you about the divorce we're handling together. My client is wondering where your client has stashed the vast sum that he drew from their joint account just hours before filing for the divorce because some of it is hers."
"I'm glad you called because my client did no such thing. He just paid some of their bills, that's all."
"Okay then, glad to have that sorted out. We should have lunch one of these days."

They do call and then they put it in writing and mail it along with the list of bills that were paid. All very formal and all done outside the court without filing a motion.

 

[grandmaj]

IMO, that is the part that makes absolutely no sense. The "main" reason given repeatedly for the RO was that TH "tried to hire someone to kill me." KH was so in fear for his life that he needed protection. So why would he give his current undisclosed "address" for her to maybe "finish" the job?

IMO, the Judge redacted KH's current address prior to signing the order. If that is the case, the only address MC could have googled was KH's attorney's address.

I'm at work so I don't have lots of time but I believe it stated in the sealing document that Kaine's address was supposed to be redacted. I truly believe this may have been a clerk's error at the court.

I'll make a note to check later.

 

[Jaxson]

I'm at work so I don't have lots of time but I believe it stated in the sealing document that Kaine's address was supposed to be redacted. I truly believe this may have been a clerk's error at the court.

I'll make a note to check later.

Really? I would love to see that because someone on here (WS, don't remember who though) assured me that addresses are given in a lot of RO's so that you know where you are not supposed to go. My experience with them (crazy ex) was that they are not.

 

[Donjeta]

IMO, that is the part that makes absolutely no sense. The "main" reason given repeatedly for the RO was that TH "tried to hire someone to kill me." KH was so in fear for his life that he needed protection. So why would he give his current undisclosed "address" for her to maybe "finish" the job?

IMO, the Judge redacted KH's current address prior to signing the order. If that is the case, the only address MC could have googled was KH's attorney's address.

I don't think so because MC admitted to googling Kaine's address instead of his attorney's address and the attorney's address is not what KH and his attorney wrote about in the contempt document either.

When it was fresh in the news it was discussed that TH would have to know the address to know where he was not supposed to go, and someone suggested that maybe the idea was precisely to try and see if Terri would attempt to violate the RO to get her locked up for a bit.

They may not really have thought that she would attempt to follow through and finish the job while under tight police scrutiny because the risk of getting caught might be too much for her.

 

[ami]

Lawyers in divorce cases send paperwork back and forth all day long hashing out the particulars. If Rackner called Bunch he would have put it in writing that would be used in court at such a time as Kaine was being forced to pay. Been there done that. Attorneys don't get to lie to each other. She didn't have to make it a motion.

How do you know that Terri's attorney would have put the funding source in writing?

And I was responding to the statement that if Kaine had called the attorney, he would have reassured Kaine that the money wasn't a marital asset and wasn't a marital debt.

I've also been there done that with divorce lawyers - combative ones - and have not had the easy interactions you describe. Sometimes, yes, but not always and when one doesn't want to hand over information they can staaaaaallllll forever. [For instance one written document of an asset took us two years to receive in writing, and had to be compelled by a judge. Two years.]

 

[WhyaDuck?]

Well yes he admitted to taking the pictures, doing the googling of the addy and giving it to other people. If this were to go to a hearing he would have to testify. It also states that T. Horman pointed out particular areas of interest in the document to Mr. Cook. So if Cook's story is true Terri was an active participant.

OK, that's what I remembered. I was just wondering how they would go about proving that - I guess whomever is more believable on the stand, is all.

Thanks for clarifying.

 

[Jaxson]

How do you know that Terri's attorney would have put the funding source in writing?

And I was responding to the statement that if Kaine had called the attorney, he would have reassured Kaine that the money wasn't a marital asset and wasn't a marital debt.

I've also been there done that with divorce lawyers - combative ones - and have not had the easy interactions you describe. Sometimes, yes, but not always and when one doesn't want to hand over information they can staaaaaallllll forever. [For instance one written document of an asset took us two years to receive in writing, and had to be compelled by a judge. Two years.]

My husbands divorce was extremely acrimonious and took 3 1/2 yrs in comparison to a marriage that was 2 yr 3mths. I didn't say they were fast. I didn't say it would happen that day. A motion can take months also if an attorney wants to drag it out and keep postponing it. No Kaine would not be able to talk to Terri's attorney. He has counsel. If he didn't her attorney would have to talk to him. I didn't say Kaine could call. I said Rackner. I am not being argumentative. I was just saying there was another way to do it that would not have left Kaine on the hook as to paying the funds at some point. Judges can drag things out. In my husbands case the judge was suspended and then transfered to juvenile court because she kept moving hearings but was signing a statement that she had no cases more than __# of days out (I think it was 60 days) It wasn't true and his was not the only case. We made complaints to the judicial committee and her cases were reviewed. It was a protracted event and I agree that if the want to stall they sure can. Bunch just stated that they could have just asked, they didn't have to bug the judge and I agree with him. That's all I was saying or at least trying to say.:waitasec:

ETA 'How do you know that Terri's attorney would have put the funding source in writing?'

Because he said so in a court document.

 

[grandmaj]

OK I was incorrect. I just went to the restraining order and it gave the addy of Kaine which Terri was supposed to stay away from. :doh:

 

[Barry]

It just occured to me, what if TH was suspicious of MC and thought KH had sent him to her house ? So she went out of her way to make KH jealous ? With sexting etc.....
and threw in the 350K off the top of her head knowing it would make its way back to KH? Which it did~!!

The other thought I had was that SH, TH, et al, were trying to figure out exactly how information has been flowing to KH, TY and others in this case, and using stuff like this to do so.

 

[wondering1]

sbm~

Lastly, he says Kaine Horman should be required to pay Terri Horman's attorney fees and costs in the divorce proceeding.

Bunch asks the court to dismiss Kaine Horman's request to order Terri Horman to show cause why she shouldn't be forced to disclose how she obtained the money for her lawyer.

http://www.oregonlive.com/portland/index.ssf/2010/07/terri_moulton_horman_wants_cou.html

 

[cypress]

Oh, it's on now, and Bunch is playing hardball.

Interesting.

 

[6angels]

They can want and wish all they want.. However I don't think they will get it and hope they don't. He has already lost his son ( until he is found) Why in the world should he have to pay her attorney fee's when most likely she is the reason his son is gone? Add the sexting on top of it I don't need a Judge making him pay. IMO

 

[Jaxson]

Yep this divorce is going to be right up there with Paul McCartney and whatserface in terms of infamy.

Where's Kyron?

 

[Chablis]

Terri just grosses me out, I think Kaine has payed enough for her actions. They can dream on.

 

[Jaxson]

They can want and wish all they want.. However I don't think they will get it and hope they don't. He has already lost his son ( until he is found) Why in the world should he have to pay her attorney fee's when most likely she is the reason his son is gone? Add the sexting on top of it I don't need a Judge making him pay. IMO

IMO this is divorce court and Kyron has no bearing on it unless/until she is charged. In reality I think Kaine will be paying for the divorce attorney's for both of them.


ETA actually I think they will get the abatement and nothing will be decide until a criminal case is forth coming

 

[nurseratchett]

Oh, it's on now, and Bunch is playing hardball.

Interesting.

I think Houze is actually playing hardball, via Bunch. IMO.
However, I hear Rackner knows how to play hardball as well.
Will be educational if nothing else.

 

[BeanE]

They can want and wish all they want.. However I don't think they will get it and hope they don't. He has already lost his son ( until he is found) Why in the world should he have to pay her attorney fee's when most likely she is the reason his son is gone? Add the sexting on top of it I don't need a Judge making him pay. IMO

BBM. Perhaps her attorney has evidence that proves she has done nothing wrong? I don't know. If not, it's hard to imagine that he would support her in making such a request as that Kaine pay for the divorce.