Questioning Jon’s motivation, Momjian told RadarOnline.com: “I don’t want to speculate too much on Jon’s motivation but I do think it’s obvious that he seems to time his issues regarding the kids to when Kate is doing well. I mean let’s look at this, he pulled the plug on the reality show when Kate was doing well with the kids. And now that Kate is on Dancing With The Stars and pulling in 20 million viewers he decides to try to amend the custody. Is that a coincidence?”
Turning to the legal arguments Jon raised, Momjian pointed out major flaws. He told RadarOnline.com: “Obviously this filing is procedurally flawed. There are a host of flaws in this filing which we intend to expose loudly and clearly.
"First of all this filing seems incoherent on a number of levels. We’re trying to understand what it says.”
He picked up Jon’s arguments that are based on the divorce arbitrator’s rulings.
Momjian told RadarOnline.com: “What Jon fundamentally misunderstands is that the arbitrator only arbitrated over economic issues in the divorce. He had no jurisdiction over child custody issues.”
Jon argues in his legal papers that he should be allowed to sleep in Kate’s guest house
But Momjian told RadarOnline.com: “The house was awarded to Kate. She owns it. It’s her asset. She controls who goes into that house.
“The issue of Jon visiting the kids at the house or staying in the guest house is Kate’s decision because it’s her home. This is something that they dealt with between the two of them outside of court.
“He doesn’t have any right per se to stay there. Kate allows him to use the guest house when she’s there because it’s something she decided to do.”
He then added: “Let me ask you this, where in the filing does it say where Jon lives? It doesn’t say anything!”
RadarOnline.com has learned exclusively that Jon is staying with his brother but is not happy with that situation.
Momjian promised that Kate’s legal team will be filing a response and vigorously defend her position.
Clearly Jon is going to face a brutal legal fight. Momjian told RadarOnline.com: “Kate has been the primary nurturing parent in the kids’ lives since their birth. No one has ever challenged, including Jon, that Kate is a loving parent and puts the kids first.”
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Jon Gosselin's Lawyer Attacks Kate's "Hollywood" Parenting Style
http://www.usmagazine.com/celebritynews/news/jon-gosselins-lawyer-attacks-kates-hollywood-parenting-style-201074
Lawyer Anthony F. List tells X17online that Kate, 35, is "no longer the final arbitrator when it comes to the kids." List recounts a recent phone conversation between the former spouses, who divorced last December after ten years of marriage.
"When Kate Gosselin went back to L.A. for Dancing with the Stars, Jon called her right away and said 'look, I'll move in. I'll watch the kids while you're gone.' Kate said no."
Jon, 33, would also like a judge to reconsider the child support arrangement, which presently has him paying $20,000 a month. "It's ridiculous," List says of the sum. "I don't think Donald Trump could pay that kind of support!"
The attorney explained that he and his client "don't find any fault with [Kate's] lifestyle," which now has her flying to Los Angeles weekly for DWTS.
"Hollywood has had too much influence on the decisions she's made as a mother," List charged. "It's a problem when she stars using the children because she's angry with Jon."
Kate has made a makeshift dance studio in the basement of her home in order to be close to her kids while she rehearses for DWTS. "Putting a gym in her home to practice dancing doesn't make her a good parent," List snipes.
Meanwhile, Kate's attorney Mark Momijan countered to Radaronline: "It's obvious that [Jon] seems to time his issues regarding the kids to when Kate is doing well...Now that Kate is on Dancing With The Stars and pulling in 20 million viewers he decides to try to amend the custody. Is that a coincidence?"
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