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

[JBean]

Wait! I just thought of something to complicate things even more. With the monies collected for the Kyron Horman Foundation, which Kaine either controls wholly (I'm not sure) or may share with DY, could TH demand a marital share of those? It's not a charity, simply a non-profit. It could be argued that since KH controls the use of those funds that his ability to designate how they're spent constitutes an asset shared via marital assets. Could Bunch demand an accounting of all donations handled by Kaine?

Lawyer! Hurry! (And bring the Bailey's please. I think I just gave myself a headache.)

It would have to be deemed personal income by Kaine and that can't happen with a non-profit unless he takes a salary. I doubt that is happening.

 

[Billylee]

Here's the official court document that TH's lawyer filed today. It's quite, errr...terse.

http://images.bimedia.net/documents/Horman_Court+documents_10_7_2010.pdf

So this was filed, but there was no decision made by the judge, or did I just miss something?

 

[BeanE]

Attys of his caliber don't have "small" retainer fees. Houze doesn't come cheap. Even if he's not an attorney of record for any action against Terri (in a civil matter or criminal) just his legal advise would be VERY pricey. We're talking between $800-$1200 an hour.

Yes I'd posted earlier I figure about $10k at this point for a retainer, possibly $20 at the max. Certainly nowhere near $350k for a first time retainer with no charges.

 

[BeanE]

Off topic here, but Vivid Entertainment offered Octomom 500K to do a .

And paid her in advance based on her promising to do it?

 

[Billylee]

Yes I'd posted earlier I figure about $10k at this point for a retainer, possibly $20 at the max. Certainly nowhere near $350k for a first time retainer with no charges.

We had to come up with $3K just for a real estate attorney for our mom a few years ago. IIRC it was based on a % of what they thought the whole thing might run.
So I was thinking 10% of the $350K or $35K. That would make sense to me .

 

[gitana1]

Wait! I just thought of something to complicate things even more. With the monies collected for the Kyron Horman Foundation, which Kaine either controls wholly (I'm not sure) or may share with DY, could TH demand a marital share of those? It's not a charity, simply a non-profit. It could be argued that since KH controls the use of those funds that his ability to designate how they're spent constitutes an asset shared via marital assets. Could Bunch demand an accounting of all donations handled by Kaine?

Lawyer! Hurry! (And bring the Bailey's please. I think I just gave myself a headache.)

No. This is clearly not a marital asset because they are post-separation donations to a non profit, not to Kaine's pocket. It does not matter who controls their use. Likewise, TH's attorney's fees payment may not be a marital asset ( I doubt that it is).
And, understand, KH is not saying that TH's payment of attorney's fees to her criminal attorney constitutes a marital asset and that he should have half. That is not the legal query. Again, it is that he does not know the source of those funds and wants to know. By my reckoning, he has the legal right to know. Those funds could have come from a secret account she amassed during the marriage, playing the stock market, whatever, and never told KH. This kind of thing happens ALL the time. That WOULD then be a marital asset.
Even if it's not, the source of the funds is relevant to the access the parties have to funds, and thus whether either party should contribute to the other's attorney's fees in the disso case, and support issues.

 

[Jade2010]

Would LE be able to find out if Terri's parents mortgaged their house?

 

[cluciano63]

I just hate all this court stuff and hope the searchers find Kyron soon. The only court case I am interested in is the one against whoever harmed or killed him. I do not, and never have believed for a moment that anything would be learned about Kyron's fate via this divorce action. Her lawyers make her sound guilty, even if she is not.

She could have guilt about the landscaper/plot issue-that will keep her from testifying-and not know a thing about Kyron. But I don't think we will ever hear from her at all, not in this divorce case and not in a criminal case. She could be convicted and we still may never learn what truly happened on June 4th. I hope I am wrong, but I could see this happening.

 

[Kimster]

Would LE be able to find out if Terri's parents mortgaged their house?

Sure, it's public record. As I type this I am reminded to say " WE ARE NOT SLEUTHING TERRI'S PARENTS".

But yes, the judge could look. I think judge's usually depend on the attorneys to bring that to the table, however.

 

[BeanE]

Here's the official court document that TH's lawyer filed today. It's quite, errr...terse.

http://images.bimedia.net/documents/Horman_Court+documents_10_7_2010.pdf

Holy Moly!

 

[Jo in Calif]

And paid her in advance based on her promising to do it?

No. silly goose, they just offered her to do it.

 

[BeanE]

No. silly goose, they just offered her to do it.

That's what I thought. Thanks.

ETA: If, at my age, I could get pregnant, have octuplets, and then make a movie, I'd be one wealthy woman. Exhausted, but quite wealthy.

 

[cluciano63]

That legal doc reminds me why I did not go to school for paralegal training...

 

[Kimster]

After reading the doc, I wonder if this is why Kaine may not have wanted Desiree going on TV to raise the reward to the amount of TH's retainer? Maybe his attorney felt they would use it against Kaine as was mentioned in the doc?

 

[SacreBleu]

Yep. And basically, Kaine's demand to "tell me where you go the money!' is simply bullying via legal means, IMHO. It's a way to try and degrade, if not deny, attorney-client privilege. And, it's also a way to try and open the door to get hands on records to see if there's any little kernel--not necessarily related to money--that can be served up to LE or the media. IMHO

BBM

I don't honestly think Kaine gives a rats patootie about the media. That has been evident from the beginning (i.e., "don't talk to the media," no PC's early on, kicking out media from PC's, etc.). All he cares about is what happened to Kyron. And, who is responsible.

 

[Kimster]

Well you know what I think? (of course not. hehe)

I think they REALLY DON'T want anyone to know where that retainer came from. And that is quite interesting.

 

[debs]

It would have more to do with his appearances where he has stated Terri is responsible. The statements by Desiree were made nearly always in Kaine's presence, with his tacit nodding and overall agreement with whatever she was saying.

I'm glad to see it all in writing, by an attorney with an up close and personal view of the manipulations and maneuvers that go on in a court proceeding.

 

[nonfictionrocks]

I finally caught up on this thread and the only thing that makes sense to me is that Houze is providing his services pro bono and it is none of anyone's business -messing with Kaine and his lawyers is just an added bonus, while starting to pole holes in the entire investigation - JMO

 

[Kimster]

I finally caught up on this thread and the only thing that makes sense to me is that Houze is providing his services pro bono and it is none of anyone's business -messing with Kaine and his lawyers is just an added bonus, while starting to pole holes in the entire investigation - JMO

If that is true, he's playing a game that I think is quite unprofessional when a missing boy is part of the equation.

 

[Dee10]

If it was as simple as this I think it would have been divulged but:

On Friday, The Oregonian learned that Terri Horman's parents recently refinanced their home with a $165,450 mortgage, paying off the previous mortgage of $86,000. The deed of trust was filed Aug. 17 in Douglas County.

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

$165,450
- 86,000
= 79,450 Available