Attorney Mark Momjian tells TMZ Jon's motives are transparent, saying, "He's never questioned her ability to provide for their children. He's out of the limelight, while 23 million people are watching Kate on 'Dancing with the Stars.'"
Momjian finds it ironic that Kate is effectively the only breadwinner, and when she goes to Hollywood to earn a living he turns around and says she's not in Pennsylvania caring for the kids.
Momjian says the legal docs filed by Jon are "incoherent" and so flawed that he fully expects the judge to throw his petition out ... stat.
Momjian says Jon is out for Jon, adding, "Do I think his motivation is the children's best interest. Squarely no."