Monday, April 12, 2010

Kate's lawyers want Jon's custody petition dismissed on technicalities

Notably, Kate doesn't deny one accusation Jon asserts, including his 22k a month child support order.

Typically, when you respond to a filing such this, you would state that 1. it should be dismissed on a technicality AND IN THE ALTERNATIVE 2. dispute what it says.

Additionally team Kate claims Jon filed in the wrong court. The kids live in Berks County, the suit was filed in Berks--exactly where it should be filed.

If they're just saying it's technically deficient, Jon can always refile if it is. Then what?

http://m.tmz.com/site?t=mKSx4EasD2Se5KYjrau2ug&sid=tmz

26 sediments (sic) from readers:

just.me said...

If she'd find a more modest home, fire the numerous helpers and stop spending so much money on Khate, she could have a very comfortable life with her children.

How can she justify her actions, she's CHOSEN to be an absentee mom.

DeKonstruction Zlogger said...

http://www.myfoxphilly.com/dpp/entertainment/television/041110-lawmaker-calls-gosselin-kin-to-hearing

Are the wheels in motion to try to pass legislation protecting kids in reality shows? Gosselin I hope so.

mommyinca said...

I wish there was a way to get word to Jodi and Kevin that they have supporters. I pray that Gloria Alred's pitbull ways are used for good this time. Go Team 8!

Emptynester said...

Hallelujah! It does look like the wheels are in motion.

TVsnarkie said...

What great news! Allred scares me but Paul Peterson is calm and knows what he's talking about.

Good Luck to all involved.

French Canadian said...

I went back on tlc site and someone post that she was in LA on Sunday....Read the reply of tlc....

Administrator: You could put a red cercle for Sunday on the Kalendor


Please note that blog post was sent to the blog moderator on Sunday, April 11., and "Yesterday" referred to Saturday, April 10.

"Yesterday" has been changed to "Saturday" to reflect the correct day Kate wrote the blog.

Posted by: TLC EDITOR | 04/12/2010 at 01:45 PM

Kelly said...

Glad to see the hearings are finally going to take place. The wheels of justice do move slowly. Kate has always claimed that the shows offer the kids an opportunity to do fun things and go to fun places. How much fun can it be, wanting to go to the crayola factory with camera crew in tow and not being able to use the markers? How much fun is it, sitting on a bus, waiting to get off in front of the house and being told that you have to board the bus again and disembark after they get a better camera shot.

If Kate wants the kids to do fun things and go to fun places, she can pack up the blue bus, put the kids in it and drive them all to the Statue of Liberty or the crayon factory, or Hershey Park. After all, that's what most family's do with their young kids and they don't have a camera in tow.

I don't know how many times Kates been to NYC by herself, stayed in the Essex House Hotel, eaten at Nobu, played the talk show circuits and been driven back to Wernersville. She can do that with the kids. Oh wait, I forgot, it takes too much energy to be a mother to her 8 kids. Sorry

MK said...

Is it possible that she is working to get the case thrown out of the Berks County and will file herself for full custody in M...county where the divorce was settled because then everything will be sealed?
I think that is why she ended up filing for divorce first. He would have done it in Berks and everyone would know everything.

dee3 said...

Jon and Kate will be in court sooner than later. X17online exclusively has learned that a court date has been set for May 25 at The Berks County Courthouse in Reading, Pennsylvania, in which the Gosselins will me meet face to face regarding child support and custody.
--------

According to x17online....a court date has already been set. Have not found any reference to this on other celebrity news sites yet.

ms.anonymous said...

MK said...

Is it possible that she is working to get the case thrown out of the Berks County and will file herself for full custody in M...county where the divorce was settled because then everything will be sealed?
*************************
Anything is possible. In the best interest of the kids, everything should be sealed, since it is mostly about them!

dee3 said...

If a court date has indeed been set for May 25th (for the custody and child support issues), does this mean that the filing (by List) was clearly NOT dismissed?

Administrator said...

If they have a court date it means they haven't dismissed it without a hearing. They could dismiss it later but in the meantime if anything is deficiant they could always refile. But I don't think it was deficiant or confusing, I had no problem explaining it for the blog.

mommyinca said...

Admin~ Kate's attorney (and I use that term loosely) had said that it should be thrown out because List filed in the wrong court.
If List filed in the wrong court, wouldn't they throw the case out or tell them to refile at the proper location?

Administrator said...

You can file a lawsuit in any court that has jurisdiction. Although it often makes more sense to file where it started, there is nothing illegal about that. The kids live in BERKS county, Jon filed in Berks County--this is where he should be filing, Kate's attys are full of it.

dee3 said...

Administrator~

Thanks so much for the information. It's so great to be able to have questions answered by an attorney here.

Katesucks said...

Here's the final docket entry from their divorce in Montgomery County, PA
Select 46 1/20/2010 Order (ADMINISTRATIVE ) OF 1/19/10 DANIELE, J ANY POST-DIVORCE ENFORCEMENT AND OR ANY OTHER ISSUES RELATING TO MARRIGE OR THE DISSOLUTION OF THE MARRIGE AND/OR CHILDREN OF PARTIES SHALL BE REFERRED TO BERKS CO FOR DISPOSITION CC

http://webapp.montcopa.org/PSI/Viewer/Detail.aspx?oq=aWQ9MjAwNjc3ODI1JmVudGl0eT1DYXNl
Mark Momjian can suck it.

Paula said...

Well, my, my, isn't that interesting. So much for Kate's attorney's assertion that Jon's attorney does not know what he is doing.

itsaboutthekids said...

Wow, that's just quite.....what's the word? funny!

This will probably come back to bite me in the butt, but for now...LMAO

Katesucks said...

Maybe List didn't file it within the proper court in Berk's county. He is in the correct county, however.

Administrator said...

Family law actions are usually filed in family law court. An attorney two days on the job knows which courthouse to go to. More smoke and mirrors from Kate's attorney. And if it were the wrong court, they wouldn't have a court date. More than likely the Clerk would have told them this is the wrong court go down to this address.

itsaboutthekids said...
This comment has been removed by the author.
itsaboutthekids said...

X17online exclusively has learned that a court date has been set for May 25 at the Berks County Courthouse in Reading, Pennsylvania in which the Gosselins will meet face to face.

Concerning Jon being on a show with Kate, List fires back saying,

"He never said he wanted to be a part of it. There has not been any offer made, but he's going to consider anything that's a good faith offer. He likes his reality shows, so I think he'd be into that."

Read the rest of this article:

http://x17online.com/celebrities/jon_gosselin/x17_xclusive_jon_plus_kate_equals_may_court_date-04122010.php

dee3 said...

This court date has now been corroborated by the Associated Press:

Jon, Kate have May 25 court hearing over custody
Tue Apr 13, 5:12 AM PDT

"Jon and Kate Gosselin are due in court in Pennsylvania on May 25 for a hearing on his motion for full custody of their eight children.

Jon Gosselin's new lawyer also says his client does not earn enough to warrant the current $21,700 monthly child support award.

The couple divorced last year after a 10-year marriage that produced twins and sextuplets. They starred in the hit reality show "Jon & Kate Plus 8."

Kate Gosselin currently appears on ABC's "Dancing With the Stars" and has a new reality show in the works. On NBC's "Today" show on Tuesday, she said her TV career doesn't make her an absentee parent. She says she's a single mom trying to support her children.

Her lawyer, Mark Momjian, says Jon Gosselin's request is riddled with errors and should be dismissed."

itsaboutthekids said...

Is Kate Gosselin Getting Too Much Child Support?

April 13, 2010

Kate Gosselin, famous TV mom of 8 children, was on the “Today Show” this morning talking of the difficulties of “being a single mom” and other personal problems she is facing. Kate, who is competing at least one more time on Dancing With The star, is being challenged by her ex husband, Jon Gosselin for custody of the children and child support. The court date is set for early May for this latest turmoil that seems to follow Kate every where.

The question is how much child support should it take to raise 8 kids? Jon Gosselin was ordered to pay a little over $20,000 dollars per month for his part in the children’s expenses. Child support is supposed to be shared equally between the two parents. At least that is the way it is supposed to work but many a father can tell you that it doesn’t always work out like that. Jon contends that he is not making enough money to afford the $20,000 dollar payments. The real question is why it takes $40,000 dollars a month to raise 8 children. That is a figure most normal people would find ludicrous. Eight children should not need $480,000 dollars a year just to get by on.

Kate Gosselin is having some success in a TV career as she is signed up to do another show on TLC Network and that is great. Using the “single mom trying to support her kids” excuse to be on TV isn’t going to fly here though. One would think she could live quite nicely just on Jon’s child support of $120,000 dollars a year. Kate has a right to have a career but child support of this nature is extremely out of line. What do you think?

http://www.current-movie-reviews.com/people/2010/04/13/is-kate-gosselin-getting-too-much-child-support/

dee3 said...

Administrator~

Thanks so much for the information. It's so great to be able to have questions answered by an attorney here.

DeKonstruction Zlogger said...

http://www.myfoxphilly.com/dpp/entertainment/television/041110-lawmaker-calls-gosselin-kin-to-hearing

Are the wheels in motion to try to pass legislation protecting kids in reality shows? Gosselin I hope so.

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