Kyron Horman Missing: New Years Eve Settlement Ends Horman Marriage
Portland, OR- In a surprise court hearing, Judge Henry Kantor signed off on the agreement between Kaine Horman and Terri Moulton Horman to end their marriage this afternoon.
Details of the agreement have not been released publicly, but according to KGW, a financial settlement to include child support and a lump payment to Terri Horman has been reached.
In what can only be described as a bitter family court feud- the divorce matter was last in court on December 16th to decide if the Horman landscaper, Rodolfo Sanchez Estrada -who alleges Terri Horman tried to hire him to murder Kaine Horman at a lunch meeting – would testify.
Judge Kantor has not yet filed an order from that hearing but Attorneys for Terri Horman were granted a continuance from the pending temporary custody motion scheduled for December 19th and 20th.
BOC Associate Editor Tarin Kenley contributed to this report.
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Nothing has been said regarding property settlement – I would think that would be part of the divorce decree??
It is.
B
Happy New Year- wow thanks Blink
Well, that was a surprise! What a year! Haven’t been over in a while but wanted to wish everyone Happy Holidays and a Blessed New Year!
And do we know if Terry received a settlement and what that may be?
Did. To my knowledge – the mustang , round $7K, and 73% of Kaine pension paying around $224 per month child support. I don’t know if that is retroactive but I doubt it.
73% of an existing pension for a short term marriage is huge.
B
Got it she has to pay child support for being denied access to her child and no part of the house – she should take the whole house and the child – seems very unfair what is wrong with that judge.
Wow…just wow…
Well that’s reassuring Blink – they don’t publish those details in these news stories just enough to repeat Kaines’ allegations – thanks for the input!
Some progress, but not enough. Who gets the assignment of primary care for the five year old?
Was this settlement a way for the court to sidestep the MFH issue?
HAPPY NEW YEAR TO ALL AND MAY EACH OF YOU BE SUCCESSFUL IN YOUR PLANS FOR 2014
T. Ruth says:
Your comment is awaiting moderation.
December 31, 2013 at 7:33 pm
Bring over from the old thread.
Wow, just wow. Not sure what to make of all this? It sounds like Terri is willing to let Kaine have custody of her daughter, pending visitation agreements. Is it normal to order the non-custodial parent to carry a life insurance policy on the child? (That kind of scares me, with all death threats that woman has had against her.)
Well, maybe now we can get down to finding Kyron.
http://www.koin.com/news/horman-divorce-agreement-reached
I didn’t say that right, I meant to say carry a life insurance policy on herself to benefit her non-custodial child. (Sheesh, and I haven’t even had glass of champagne yet.)
Bringing this post from RedRose concerning asset division over from the previous Kyron thread.
Kaine gets to keep his shiny top ‘o the line John Deere Tractor.
May he use it well – hauling his own blackberry thickets/bushes.
***********************************************
RedRose says:
December 31, 2013 at 6:54 pm
oops – more details here. Didn’t google far enough.
http://www.kgw.com/news/local/Terri-Horman–Kaine-Horman-finalize-divorce-238305601.html
KGW obtained a copy of the divorce agreement Tuesday and here is what the couple agreed on:
•Terri must pay Kaine $224 month in child support
•Kaine will continue to pay $576/year for Kiara’s health coverage
•Terri must maintain a $100,000 life insurance policy, with Kiara as the beneficiary
•Terri gets 73.3% of Kaine’s Intel 401(K) retirement plan and $6,937 in Intel stock
•Kaine gets all of his Intel 401(K) savings plan
•Kaine gets the home on Sheltered Nook Rd. in Northwest Portland
•Terri gets the couple’s Ford Mustang
•Kaine gets the couple’s Ford truck and John Deere tractor
•Terri and Kaine are responsible for their own debts and attorney fees.
Terri and Kaine have not commented on the dissolution of their marriage Tuesday.
Someone’s post on prior thread said TH rec’d a % of a 401k retirement plan but KH retained all of a 401k savings plan. One does not know the amounts of either 401k account, but I suspect the savings plan contains what he paid in & feels is “his” money. I personally bet if these are both 401ks that KH kept the bigger account in the entirety. Usually these settlements are designed to avoid tax consequences for either party and to ensure maximum deductibility as well.
a media reporter, J Iwanaga, reveals his competence
http://touch.koin.com/10000/177231436
getting every stated fact right, even using the word “known”
and capturing an on point sound bite from the “sole spectator”
http://www.oregonlive.com/portland/index.ssf/2013/12/horman_divorce_kaine_and_terri.html#incart_river
to me, keeping the house = keeping physical custody
Personally I think it’s awful she’s been in day care unnecessarily for 3 years.
It very well could be that house $ + truck $ + lawn mower $ + 27% pension + 6K stock = 73% pension + 1 mustang.
Are we all moving over here? Just want to be in the right place.
Will this settlement change anything re the search for Kyron?
Not today.
B
HAPPY NEW YEAR TERRI,BLINK AND ALL YOU WONDERFUL BLINKSTERS!!!
http://www.koin.com/news/horman-divorce-agreement-reached
(snipped, more @ link)
Court documents obtained by KOIN regarding Tuesday’s hearing show Terri Horman will pay Karine Horman $224 a month in child support. The agreement also allows Kaine Horman to keep the home once shared by the two, which is located in Northwest Portland.
Kaine will contribute $576 a year toward his and Terri Horman’s daughter Kiara’s health coverage.
Terri Horman is ordered to carry a $100,000 life insurance policy with Kiara as the recipient.
Kaine Horman is allowed to keep his entire 401(K) savings with Intel, which is where he works.
Terri Horman, however, will get 73.3% of Kaine Horman’s Intel 401 (K) retirement plan and $6,937 in Intel stock.
The couple will be responsible for their own debts and attorney fees.
What does this say to the case of one missing Kyron Horman? Does this open up any areas of discovery that may have been closed due to the combining of the divorce with the criminal case? I really don’t know this answer, because the custody battle is still pending and therein will lie the connection. or not. I’m glad they’ve at lest got this part done. However, I asked this upthread: If Kaine has been living with someone who has assumed the roll of *mommy* for his and Terri’s daughter, and he marries her, what will that do to Terri’s chances for custody down the road? Speculation and wondering.
Same house, I guess same school, the one that didn’t keep track of Kyron. Hopefully KH has another plan for her.
•Kiara will start kindergarten in the fall, and child support will be re-calculated then.
http://www.oregonlive.com/portland/index.ssf/2013/12/horman_divorce_kaine_and_terri.html#incart_river
I just realized that KH must have authorized the search of the 2005 Ford truck that was hauled off for alleged starter problems. Duh.
This is a mutually agreed upon divorce settlement and had nothing to do with the judge. I agree with erose that the portion of Kaine’s retirement Terri was awarded likely equaled the value of the home and tractor.
The child support payment in no way means she is prevented from arguing for her right to Kitty, it only means that until then she has to financially help support her child.
“This release is not intended to apply to any claim Respondent may have against Petitioner related to the pending criminal charges against him.” Huh? Do you know what charges are pending against him?
Link to divorce docs. Read last sentence #19. WTH? Also, there is no overnight visitation time for TH (now TM?). That means there will be visitation.
http://www.oregonlive.com/portland/index.ssf/2013/12/horman_divorce_kaine_and_terri.html#incart_river
overnight visitation is a consideration for child support calculations, so it’s reference was not in terms of custody per se.
B
Wowzer!
Aimee Green, The Oregonian
16 Minutes Ago
Indeed, it does say “pending” criminal charges against him. Interesting. And definitely something we will ask about, when we can get the parties’ attorneys on the phone. I couldn’t reach them this afternoon. Stay tuned.
http://www.oregonlive.com/portland/index.ssf/2013/12/horman_divorce_kaine_and_terri.html#incart_river
Yes. Won’t that be something after all this that he is the only one with charges?
B
Wish I knew if the crime was pre or post June 4, 2010. Might put a whole new slant on who took Kyron.
Just seems like this crime is why KH was controlling from day one. Wow, if TH had this in her hat all this time and didn’t utter a word, just wow. Did this slide in on a holiday to try and keep it on the down low, or what?
Emergency?? What was the emergency, this divorce has been in motion, or stalled for 3+ years. Why today? (and nobody say the judge wanted OT, ‘less it’s true).
An emergency hearing was held Tuesday as a stipulated limited judgment of dissolution of marriage between Kaine and Terri Horman was announced.
http://www.koin.com/news/horman-divorce-agreement-reached
hi, erose
truck + deere+ house + 27% 401 k Retirement (intel contributions) + other bank accts in his sole name & stock accounts + the entirety of his Intel 401k Savings & Profit Sharing (his contribs can be 17500/yr) which should be far larger than the 401k retirement
in no way equal an old mustang & 73% of the Intel Retirement + 6000 Intel stock and some options
The child support & standard ins coverage on one owing same are to me a different issue
but imo in 2011 she offered dissolution & financial settlement, so she was motivated
Grass’ notes reveal the Judge to be foolish as to
law & procedure imo. I find it hard to believe some of
what he says & hope it is on the record.
(last kid just arrived home, so signing off…
I read the various news versions of the emergency hearing and what has been posted here. If this was mentioned, I’ve totally missed it: “This month, the proceedings seemed to be moving forward as court documents outlined Terri Horman’s desire to seek temporary custody of the couple’s 5-year-old daughter, Kiara.” Did anyone ever say Terri wanted temporary custody?
Divorce for Kaine, Terri Horman finalized at emergency hearing
Posted: Dec 31, 2013 3:20 PM PST Updated: Dec 31, 2013 4:16 PM PST
By FOX 12 Staff
(snipped)
A representative for Judge Henry Kantor said the judge signed a stipulated limited judgment granting a dissolution of marriage Tuesday. As a result, the divorce trial scheduled for Jan. 2 has been canceled.
Kaine Horman was first granted a restraining order against Terri Horman shortly after Kyron disappeared in 2010.
Since then, the divorce case had been continually delayed.
This month, the proceedings seemed to be moving forward as court documents outlined Terri Horman’s desire to seek temporary custody of the couple’s 5-year-old daughter, Kiara.
The girl has been with her father since June 2010.
Kaine Horman’s legal team argued visitation for Terri Horman would only traumatize their daughter.
However, court documents filed by Terri Horman’s attorneys cited information from a deposition of Kaine Horman, where he stated they were “average” parents and admitted Terri Horman cared for Kiara between 50 and 75 percent of the time, “at minimum.”
The resolution of custody or parenting time with Kiara was not finalized in Tuesday’s divorce agreement.
Court documents do state that Terri Horman’s is responsible for paying $224 a month in child support.
Kiara is set to start kindergarten in the fall of 2014, according to the court documents, and child support will be recalculated at that time to take into account possible new day care costs.
Another hearing is scheduled for Jan. 12.
http://www.kptv.com/story/24338663/divorce-between-kaine-terri-horman-finalized-at-emergency-hearing
To shelter assets from a wife, KH has been able to put in up to $17,500/year
http://www.icmarc.org/products-and-services/401(k)-retirement-savings-plans.html
Intel 401 K Savings & Profit Sharing Plan (What KH kept)
http://www.intel.com/content/www/us/en/employee/leaving-intel.html
the differentiation:
http://www.intc.com/intel-annual-report/2012/financial-statements/notes-to-consolidated-financial-statements/note-20/
http://www.intc.com/intelProxy2013/statement/compensation-discussion-and-analysis/other-aspects-of-our-executive-compensation-programs/post-employment-compensation-arrangements/
“2012, Intel’s discretionary contribution (including allocable forfeitures) to the retirement contribution plan for eligible U.S. employees, including executive officers, and to the similar account for new employees in the 401(k) savings plan, equaled 6% of eligible salary (which included annual and semiannual incentive cash payments as applicable). To the extent that the amount of the contribution is limited by the Internal Revenue Code of 1986, as amended (tax code), ”
http://www.intc.com/intelProxy2013/statement/compensation-discussion-and-analysis/other-aspects-of-our-executive-compensation-programs/post-employment-compensation-arrangements/
So say 10 years of employment at an average $80,000/year @ 6% (not compounded or adjusted for growth)
= $48,000, or the 73% is lieu of spousal support because the latter would be taxable & a property distribution isn’t, maybe.
Mr Savings never established & contributed to a spousal ira for her.
—
when McKnight teaches her Family Law Section CEUs in 2014, will this be a teaching case on division of assets?
the norm, or atypical? In Oregon, that is. .
And, I don’t think this an outlier or unusual divorce case. we have no idea the plethora of sad sack stories divorce judges hear.
———
the incentive to settle on Dec 31: Kaine can file the entire 2013 tax year as single with full child exemption & deductions (day care, medical etc)
“Your lawyer may be able to affect your filing status for one tax year, simply by controlling the date that your divorce judgment is entered by the court. This is simple in those Oregon counties where divorce judgments are presented personally to a judge, to be signed that same day. In other counties (including Multnomah), divorce judgments are instead filed in the court clerk’s office, which takes some amount of time to process them before signing by the judge.
WHAT IS MY MARITAL STATUS FOR TAX PURPOSES?
If you are married on December 31 of a tax year, then you must file your tax return for that year as married (either filing jointly or separately). If you are divorced on December 31, then you must file as a single taxpayer for that year, even if you were married more than half the year.”
Interesting to see Kantor didn’t follow Mult County’s usual signing procedure.
http://www.mckinleyirvin.com/divorce-in-oregon/part-6/
About that “pending criminal charges against him.”
I believe that was an intentional typo which was “buried” & very unlikely
to be picked up on proofreading because it is not a misspelling.
And the word, not intent if what should have been typed was her, will control.
So imo Rackgel’s Office typed this.
I believe Bunch’s intent was the word “her.”
That would preserve her defamation claims against Kaine in the matter
of his post abduction media accusations in which criminal
charges were pending against her.
And since Kantor did not follow Mult County’s usual signing procedure, no
time for Bunch to notice & fix. Imo this is major OK, she just signed away her
civil suit for defamation.
It seems to me Kaine’s incentive to settle was not just tax consequences,
preserving the house for the custody battle,
but majorly was getting rid of her civil tort suits against him related to the abduction aftermath
from Grass’ notes I get Bunch asked whatdaya want in briefs (that one we thot he was writing in Dec) wrt RSE’ testimony coming in, because you signed a final order it couldn’t.
Judge goes well duh I thought you both wanted a final order.
Bunch replies he was too sick to know what was going on but the Judge
shouldn’t have done that. His arguments haven’t been heard. (meaning there’s no
trial record on which an appellate court can act.) ballgame over. Engel is gleeful.
Kantor still saying DA will be there as a party tho not a party.
I feel Bunch isn’t up to this civil case, & Houze has washed his hands of it as charges aren’t being brought, & defending against charges are his only purpose really. It seems clear Houze has left Bunch to clarify & write
the RSE brief.
This is why early on I felt Bunch was a bad choice as he was a one man office & this case
would take more resources, but got clobbered as to what a fine attorney he is iirc. He
should’ve hired a law student as 2nd Chair to proofread & to nudge him when he’s sick in Court
to ask for a postponement.
@ erose.
imo it was an “emergency hearing” because it apparently is not usual procedure for a Judge to sign in the Courtroom in that County, not that Kantor would know that. Imo Rackgel needed needed the signature without time for anyone to notice the substitution of the word him for her to ensure Terri threw away her civil torts against Kaine. Just my opinion.
I could be wrong Rose but that would have to have been a “double typo”- Kaine is definitely the plaintiff and TMH is definitely the respondent. So it would have to be wrong on both counts and not one of them missed it?
B
Rose-
yes-
“the incentive to settle on Dec 31: Kaine can file the entire 2013 tax year as single with full child exemption & deductions (day care, medical etc)”
Reminds me of that old country song ” I’ve got Friends in …..
@ Blink. no, only the word him, for her. easy to miss.
See below to read it this way as intended to preserve her civil torts suits against Kaine in his public behaviors (accusing her in media) wrt the abduction (the criminal charge whjch is pending agajnst her).
“…not intended to apply to any claim Respondent may have against petitioner related to thepending criminal charges against her.”
p12
Yes, agreed and I do admit to being up too late and too much bubbly, lol.
You may be right on that, but that clause was added, it is non-standard and I doubt highly that Bunch was missing that if it was his intention to preserve TMH tort rights and would allow the verbiage “pending criminal charges”.
However, is there much in this case that is simple?
B
Sorry, missed that there was a new thread, and posted comments on the old that are outdated duplicates of what is here.
Happy New Year!
From Grass’ notes, Bunch “missed” the Judge was inquiring in the last hearing if both parties wanted a final order wrt RSE before Bunch made a trial record by argument or Brief. Maybe he was still sick. My bet is Rackner’s Office typed.
From the day Rackner went into Meis chambers ex parte to obtain his RO signature based on hearsay, her litigation character & ethics have been consistant. As the Dec 31 timing only benefited Kaine financially, Bunch should have sat on the Dissolution draft and scrubbed it until Jan 2, and required it be signed in the usual process so bloggers could help out proofreading.
LOL. You know those bloggers are apparently quite helpful
B
You are a despicable human being, Blink. You have turned your legion of sheep againts Kaine and for Terri. I specifically recall you for the past couple of years ripping Terri and your legion of sheep doing so as well. This type of blog does more harm than good. You should be ashamed. Disgusting profit monger.
At the risk of sounding like I don’t have compassion for someone with your issues- legion of sheep? LOL. Do we wear capes made out of our shearlings and uggs in your hater cartoon?
You obviously have NOT followed my coverage or comments, so it is my sincere hope that your New Years Resolution to haunt elsewhere kicks in soon.
Specifically recall? Link? It just did not happen “Jay”.
B
http://www.oregonlive.com/portland/index.ssf/2010/07/kaine_horman_describes_how_ter.html
Not sure why you posted that link randie, but I excerpted this as a reminder.
Q: You have said in the past that you believe someone else may have been involved , aside from Terri, in Kyron’s disappearance? What leads you to believe this and do you still hold those feelings?
A: I can’t comment as to all of the reasons why based on the investigation but based upon briefings I firmly believe that someone else is involved.
B
As a backseat driver lay person, who’d probably have turned down TH as a client in 2010, the way I see it, if opposing Counsel (whose litigation tactics & temperment consisted of smirks, eyerolls, & false accusations), had called me saying let’s have an Emergency Hearing on our Settlement, whose Drafts we’ve reviewed, on Dec 31 just for tax purposes, since we planned to settle anyway Jan 2, I’d have responded I’ll present it to my client, but we’re prepared to go to Trial.
And, I’d have presented it to her in person, going over it together with a fine tooth comb, Jan 2 prior to Trial. The pressured Emergency Hearing did not benefit her. And if I’m right about an advertant single word substitution adversely affecting TH’s claims, well the Trojan Horse probably looked harmless at first, too. What was Trial going to cost her? Say 6 hours a day x $300/hr guestimate plus expenses–say $5,000, and she well could have come out better than that. And the neaning of nonstandard phrases would be clear.
I don’t mean to detract from handing it to Bunch
for agreeing in 2010 to represent TH aka Hester Prynne
before her compliant client behavior was established.
I haven’t read all the documents yet, and am trying to catch up, but can someone tell me who filed the motion for the emergency hearing yesterday?
erose says:
January 1, 2014 at 12:50 am
I just realized that KH must have authorized the search of the 2005 Ford truck that was hauled off for alleged starter problems. Duh.
Of course he did, I just wonder whose idea it was? His or his house guest?
@TRuth. If Bunch had filed it, Engel would’ve opposed consistant
with prior litigation tactics. The request was probsbly presented
to Kantor as by mutual agreement.
To settle 12/31 did not benefit
TH imo but benefited KH.
Imo Rackner likely asked for just a
little typical divorce tax favor, signed on 12/31, not
out of the ordinary, nothing to raise flags
But imo her draft whenever presented… was probably
a last minute agreement, pressured, and who knows
if the Final & Draft Review were identical?
I posted this on previous page but I’m afraid it got lost and I hope for all your input! It is about top of P. 12 in divorce agreement. bottom part is B’s comment but it prob won’t come through as bold so I will put a separating line. mine first
~~~~~
The sentence reads: “This release is not intended to apply to any claim Respondent may have against Petitioner related to THE PENDING criminal charges AGAINST HIM.” (caps mine)
LE through media has said over and over and over again that nobody has been charged in the Kyron disappearance, that Terri has been the focus of investigation but has never been named suspect or even person of interest. it’s their mantra to CYA. So whatever suspicions they might have could not be called pending criminal charges against T, in the event “him” was a typo.
so assuming that it is not a typo, what does it mean? I tried googling pending criminal charges of course. not that helpful.
Two things stand out. THE criminal charges. not possible criminal charges, future criminal charges or any criminal charges but THE CRIMINAL CHARGES
as though some formal accusationS (plural) have already been made but not (don’t know the word) dealt with by DA? undecided as to guilt or innocence of that charge
the obvious thing we blinksters would think involve the steroids. we know he used/uses, good possibility he sold, but if it’s illegal steroids, why does it say “any claim Respondent may have against Petitioner related to…” Doesn’t seem likely that the state is worried that T get her fair share of illegal drug sales.
It seems like it must have something to do with Kiara…or Kyron. Something that is shared beyond the divorce. If Kiara, it might be the lies he has told to keep T away from Kiara, but would there already be pending criminal charges for that? seems unlikely. Could it involve Kyron’s disappearance, that K knows something about that or who is involved but has refused to cooperate in finding him while accusing T? It’s certainly possible kbit if LE know that to the degree that there are pending criminal charges, why don’t they admit T isn’t responsible for that.
unless the privileged investigative info they don’t want out has to do with K, tho I don’t see why the deposition about sting relates in any way to K.
this very specific sentence says there are pending criminal charges against K, that T might have a claim against him in regard to these charges, and that that claim (she might have) is NOT included in the release. that means the claim she might have against him would still be valid!
If the whole sentence is screwed up, and it’s claim petitioner has against respondent, and THE is a mistake and him should be her, still would that mean? If T disappeared Kyron, it would be a crime but not a claim by K against her. it would be a state issue. and T has released no info about K’s private affairs.
I look forward to more discussion from the legal types on here!
~~~~~~~~~~~~~~~~~~~~~~~~~
First- it must be verified that it was not a typo or error. Rose may be right, but with so much scrutiny on this case that is one hell of an oversight if that is the case.
I am not ready to agree that it was an error. And it may be entirely coincidental that US v Landon Britt et al filed and was granted a continuance on December 30, 2013. I do know that KH was asked about steroid use and purchase during his deposition. I respectfully disagree that TMH got the shaft in terms of equity in this agreement. This was a second Christmas for her, imo.
If Kaine has to pay the 10% for early withdrawal on top of the 73.3%- when alimony is tax deductible to him, and TAXABLE and IMPUTABLE over min wage to her- AND it is subject to modification based on change of circumstances.. He makes 200K a year and has a 20 year 401K, was married for 3.
What am I not seeing? As this looks like a very big barrel to bend over to me.
B
Sorry if OT for recent developments.
@TRuth, This was reported on June 16, which is not even two weeks in to it.
snip>
Lindstrand said a white pickup truck removed from the Horman property was not towed as part of the investigation. The Horman family had tried to drive the truck to the grocery store, found that the starter was dead and called a tow truck, she said.
http://www.oregonlive.com/portland/index.ssf/2010/06/tips_come_from_far_away_in_kyr.html
Also found this article interesting. TH standing up for herself. Additionally, the 911 call on the sting was classified as “threats made.”
KATU News traced the woman’s user ID to an e-mail address, which traced to a professional Internet profile in the name of Terri Horman. The account had been set up well before the 7-year-old boy disappeared. In the postings, the woman, who reportedly has taken two polygraph tests, defends herself against accusations.
Five days after Kyron Horman disappeared, KATU News found Terri Horman and her husband, Kaine Horman, leaving their gym after a workout. Readers commenting on the story called the couple’s actions “unbelievable.”
Terri Horman responded to the criticism: “Wow. Unless you know all the details, the stress, the worry, the pain, you have nothing to speak of. You are merely making assumptions – you have no facts, details or knowledge to present so please refrain from your accusations.”
She also responded to less significant matters like to people wondering why the couple’s Ford truck was towed from the Hormans’ property. It was a mechanical issue, Terri Horman said. “If I may clear your mind … the truck was towed due to starter and is back at the property,” she wrote.
In her longest post regarding a church vigil held for the missing boy, Terri Horman took issue with a person who criticized the family for observing the ceremony from a private room. “Just so you can have the facts straight since I know personally … The family … went to the back of the church to watch and be part of the community – all together – mom, stepmom, dad, stepdad,” she wrote.
http://www.examiner.com/article/911-calls-were-made-as-father-of-missing-boy-moves-out
my notes from yesterday’s hearing in case not seen on previous page
https://dl.dropboxusercontent.com/u/10147993/Surprise%20hearing%2012-31%20.pdf