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

[Calliope]

This is a filing that was necessary to answer the Abatement that Houze filed. I don't see this as anything more than Kaine's attorney complying with a time frame to file an answer to Houze's motion for an Abatement. To not do so could mean the court would feel Kaine has no interests to protect in this legal matter.

That's true. The timing and content are a little suspicious to me, that's all

 

[miabellamoure]

IMNAL, nor have I ever divorced, but I am wondering if TH might not be entitled to monthly support payments until the divorce is final? If the settlement is delayed for a long time, Kaine may have to pay lots and lots of $$ over time to support her. Better for him if he can just settle the assets and be done with her.

I don't want to go o/t too much but, since you brought up the subject of monthly support as in alimony...would Kaine be held to making those payments even if Terri ends up being charged, convicted and sent to prison?

What would be the ultimate hit below the belt for Kaine Horman? Finding out his wife was responsible for the disappearance (and death) of his son and that any of his money (via alimony) could be used to support her defense case/costs...ugh!

 

[pufnstuf]

If I was Teri, I would want this to happen asap as then I could see my daughter? Has she even been able to see her baby? Maybe she did this on purpose so Kaine had her out of harms way? who knows with this bunch and is this baby girl being watched by Kaine? any child care at work? i hope so.

Excellent point, Bath.

Why would she WISH to delay having any form of custody of her daughter? With the bifurcation of the case and the abatement, it could be three years--possibly more--before the custody case would be finalized.

By that time, the baby would be almost five, starting Kindergarten, and possibly calling someone else "Mommy."

 

[Jade2010]

How many days after did Terri *supposedly* send naked pictures? I see the texts above were from 6/30.

 

[grandmaj]

In Rackner's motion motion it talked about the 350K fee that Terri had told a 3rd party about.

http://images.bimedia.net/documents/Kaine_horman_court_documents.pdf

In this motion by Bunch it doesn't state an amount but claims that in Rackner's motion the amount is grossly overstated.

Page 6 #4.
http://images.bimedia.net/documents/terri+horman+abate+divorce.pdf


So indeed it is in the document to abate that the amount that was stated by Kaine through his attorney is overstated and Rackner has shown the proof in the form of a text to a third party to back up her claim.

ETA: Kaine feels he has a legal standing in filing his motion. Terri felt she wanted to abate. Kaine has every legal right before the time expiration to file an answer to this motion to abate. MOO

 

[wondering1]

Consider this:

I considered it in a post up-thread. I remember we had a discussion about whether the abatement also would abate the pending contempt motion regarding attorneys' fees, and reached no conclusion afaicr. It was my opinion that it probably did, but I don't know that for sure. And there were plenty that disagreed.

Also, regardless of what TH represents to the court regarding the source of those funds, and that TH will not claim at some time in the future that the fees are a marital debt, if I were KH's attorney, I wouldn't be taking her word for it absent a conclusive determination by the Court in the form of a binding order.

Family court's are funny in how often they don't consider a party's prior representations in their later determinations. I have seen and heard of MANY occasions where a party has taken completely contradictory positions and the court not given any weight at all to the earlier position in a subsequent order. In this case, what I mean is that no matter what TH says today about not seeking payment of her attorneys' fees from KH, if she came back later and tried to do so, there is a very good chance imo that, absent formalization of that representation in the form of an order or stipulated order, that the court would find that, under the law, it IS a marital debt. Regardless of TH's earlier position. Not a chance I'd be willing to take with that kind of money on the line. jmoo

 

[wondering1]

In Rackner's motion motion it talked about the 350K fee that Terri had told a 3rd party about.

http://images.bimedia.net/documents/Kaine_horman_court_documents.pdf

In this motion by Bunch it doesn't state an amount but claims that in Rackner's motion the amount is grossly overstated.

Page 6 #4.
http://images.bimedia.net/documents/terri+horman+abate+divorce.pdf


So indeed it is in the document to abate that the amount that was stated by Kaine through his attorney is overstated and Rackner has shown the proof in the form of a text to a third party to back up her claim.

Thanks GMJ...can you point me to a link to today's filing (not just the Exhibit)? The image I linked to was terrible. tia

 

[Indianagirl]

Excellent point, Bath.

Why would she WISH to delay having any form of custody of her daughter? With the bifurcation of the case and the abatement, it could be three years--possibly more--before the custody case would be finalized.

By that time, the baby would be almost five, starting Kindergarten, and possibly calling someone else "Mommy."

I know, right? What innocent person would put access to their daughter on hold?? It's obvious she did this on advice from her attorneys, why would her attorneys advise to do something so drastic?? They must know things don't look good from the info she has provided!

 

[cluciano63]

My question about using this tiny bit of text for the courts was, why couldn't Kaine just force Terri (via courts) to explain how she was paying the lawyer as soon as she hired him, without needing the vague text message? Wouldn't he have the right to inquire anyway? Even if no amount had been mentioned, just to make sure of source of funds?

 

[grandmaj]

Thanks GMJ...can you point me to a link to today's filing (not just the Exhibit)? The image I linked to was terrible. tia

I haven't seen the whole filing only the exhibit. Perhaps they will have it up soon. All I have seen is news stories.

 

[pufnstuf]

How many days after did Terri *supposedly* send naked pictures? I see the texts above were from 6/30.

The motion also states police told Kaine that Terri exchanged hundreds of text messages with Cook and several photographs of Terri Horman "in various stages of undress and graphic sexual activity." According to the filing, the "sexual nature" of the relationship between Cook and Terri Horman began on or about June 30, four days after Kaine Horman moved out of the family's Northwest Portland home.

http://www.king5.com/news/local/Pol...g-mirrored-talk-with-landscaper-98369624.html

 

[Calliope]

Hold on a minute.

Why are we thinking these court filings, which the press have picked up from the public record, have been leaked by Kaine?

Public records are not leaks AFAIK.

I don't know how the press obtained these filings, but in any case the irrelevant details included are clearly intended for public consumption as desquire pointed out.

 

[wondering1]

My question about using this tiny bit of text for the courts was, why couldn't Kaine just force Terri (via courts) to explain how she was paying the lawyer as soon as she hired him, without needing the vague text message? Wouldn't he have the right to inquire anyway? Even if no amount had been mentioned, just to make sure of source of funds?

Good point. He is entitled to the amount and an accounting (they must be reasonable) in the divorce proceedings if he is required to pay the fees. I don't think he can get info about the source unless she claims that he is obligated to pay them. And that's why I think she is agreeing to waive her right to re-payment. jmoo.

 

[grandmaj]

Next time it will be Houze's turn to make the news...... This is all legal strategy. One is no different than the other in my eyes. :biggrin:

Terri has her legal rights. And Kaine has his. And the lawyers will play this chess game back and forth and make us all crazy. More like a tennis match. We will all need neck braces. :floorlaugh:

 

[wondering1]

I don't know how the press obtained these filings, but in any case the irrelevant details included are clearly intended for public consumption as desquire pointed out.

All of the irrelevant details are redacted. Only the specific texts about the amount of attorneys' fees are there. If KH wanted to slam TH, why redact them? Put all the gory details out there . . . jmoo

 

[Jade2010]

Plus I what to know it if was even legal of LE to provide KH with that information. I assume a judge signed off on the order to collect TH's cell records information for a criminal investigation not a divorce.

For LE to turn this information over to a spouse for his divorce doesn't seem quite legal to me. I mean how many divorcing couple in this country would love to have LE provide them with there soon to be ex's text messages?

I think this is why Terri got a new phone. Because her original phone Kaine had access to the bill and account and could get records of texts and calls. I understand you can just call up your phone compnay and those records if it's your account.

 

[pufnstuf]

Kaine Horman argued in a filing last week that Terri Horman's request to allow the divorce but leave all other matters like custody aside would leave Kaine and Terri Horman "financially enmeshed" and Kaine unable to make decisions with his money that he would otherwise make as a single person.

If the case is delayed, Kaine "would be officially 'divorced,' but the welfare of his children would be jeopardized and the balance of his legal rights as a party to the marriage would remain unresolved," his attorney wrote in the filing. "(Terri's motion) places her own convenience and needs over the children's welfare and safety."

He also said in filings that Terri Horman only wants to delay the proceedings because she fears incriminating herself in Kyron's disappearance.

Read more: http://www.statesmanjournal.com/article/20100816/UPDATE/100816006/-1/update#ixzz0wpNXkfZi

 

[KeenEyes]

OMG, Like, they are so grown-up and clever and cool about it all, aren't they?

pfffffffttttttttt. [unusual people]

Sheesh.

JMHO

They most certainly might provoke one to an exuberant description requiring replacement by polite terms enclosed in brackets. :ziplip:

 

[Calliope]

"Yep, guess how much he costs?" Terri wrote back.

"Zillions?" Cook asked.

"350K," Terri Horman replied later.

Several of their text message exchanges June 30, obtained by Kaine's lawyer from law enforcement, were redacted in Exhibit A filed in court, but Kaine's lawyer alerts the court that she has the complete, unredacted copy that could be made available for the judge's examination.

So at least some of the other redacted texts are between Cook and Terri. Now they may have nothing to do with the 350K. Or they could have something to do with the 350K. They may say she paid a retainer but that is the entire estimate of cost. Or they may say she had to pay her attorney 350K. They might be more personal. Or they could be talking about something else. WE don't know, we can look at it any way we choose. But the judge will know. For whatever reason Kaine's attorney felt that a public document should not include these texts.

sbm

If the Court didn't redact those messages, then I hope it orders Kaine to produce another unredacted copy, and if it turns out the redactions put his allegations in a new light, I hope his attorney is sanctioned for pulling such a stunt.

 

[Leila]

I hate to be taking on the role of Terri defender here but doesn't anyone else find it significant that there were redacted text messages between the ones qouted in the article? Either MC was texting with someone else as he was texting with TH or we are getting a very stilted picture of the actual conversation. For example, Terri's statement, "Yep. Guess how much he costs?" follows a redacted text sent by MC. For all we know, she was responding to a MC statement along the lines of "Wow, He's good, bet he doesn't come cheap." There's also a redacted text received by MC just before the "350K"

http://www.oregonlive.com/portland/index.ssf/2010/08/kaine_hormans_lawyer_files_tex.html

The attorney stated that she had an un-redacted copy of the text messages for the judge. So, I assume that the redacted copy is what was handed out to the press. We don't know what it was that was redacted, but the judge, who's making the decision, will know.