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Kate Gosselin: There's No Special Law for Jon

4/12/2010 12:30 PM PDT BY TMZ STAFF

Kate Gosselin's lawyer is asking a judge to throw out Jon Gosselin's request for primary custody, arguing Jon's legal docs are riddled with mistakes.

Kate Gosselin and Jon Gosselin

For starters -- Kate's lawyer, Mark Momjian, claims Jon went to the wrong court for child support.  Momjian raises other technical issues and wants the case tossed.

Momjian scoffs at Jon and his lawyer in legal docs, "There is no 'Jon Gosselin' exception to the Pennsylvania [law]."

Momjian tells TMZ the papers filed by Jon are "incoherent and filed by someone who clearly didn't know what he was doing."  

101 COMMENTS

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Previous 15 Comments | 1 | 2 | 3 | 4 | 5 | 6 | 7
91.

Jaclyn    

First of all, she needs her head examined more than Jon does because if you watched the shows, like I use to, then you can see how verbally abusive she was to him and the children. Mady is growing up just like Kate and I feel so sorry for the other seven children who have to deal with a sister just like their mother. Secondly, I thought the deal was when Kate is not there, Jon is to be there. That means that when she is in Hollywood or traveling, he needs to be their. Thirdly, both of them chose to have that many children, so neither parent should require a nanny. Some of my friends have come from big families and they never had a nanny, even though their parents said it would of been nice to have one. Jon, get your kids away from that monster, she does not derseve to have primary custody.

1623 days ago
92.

lily    

GIVE THE GIRL A CHANCE.SHE IS A GOOD MOTHER WHEN SHE IS WITH THE KIDS ...SHE IS WITH THEM....NOT LIKE HIM WHEN HE PLAYS TO THE REPORTERS.HE HAS NOTHING GOING FOR HIM HE HAS HAD HIS 10MIN OF FAME SO GET OVER IT AND GET A JOB AND LEAVE KATE AND THE KIDS ALONE.

1623 days ago
93.

V    

I continue to marvel at Jon's choices for legal counsel. During the most critical time he preferred to have an "entertainment attorney" - Mark Heller - who was directly connected to Jon's manager at the time, Mike Heller. Mark is Mike's dad. Talk about conflicts. Add to the mix, Mark Heller was not LICENSED to PRACTICE LAW in PA and had problems while practicing in NY that apparently hampered him from being able to handle Jon's divorce case. WOW. Make any sense at all?



Jon tried to ALSO retain a PA attorney but that attorney bolted, didn't he? Why wouldn't he? He couldn't do his job if Mr. Heller couldn't be stopped from releasing statements to the public. I have always wondered if that attorney advised Jon to stay in PA and act like a responsible parent. Jon seemed single focused on staying in the spotlight and Mr. Heller had zero problem standing there alongside him. Jon's actions clearly proved his focus at that time was NOT his CHILDREN, didn't he? From where I sit, Jon's priorities have not made any sense for a long time in my opinion. Is he lazy? Ignorant? Even selfish folks know the importance of hiring the right attorney, right? So it has to be something else, right? Does he have no one in his life who understands basics when it comes to hiring an attorney STILL? The only thing that seems clear from his choice of attorneys and his life choices is Jon wants LIFE on his terms.



Now he is represented by Mr. Anthony List (Sr). Mr. List is thankfully allowed to practice in PA. BUT his area of expertise is CRIMINAL LAW, isn't it? His stint in US Fed. courts isn't really going to help Jon in his divorce is it? Red Flag? There are simple ways to determine an attorney's creditials. Here is One:



http://www.martindale.com/Anthony-F-List/1529205-lawyer.htm



Clearly Mr List spends 80 percent of time pursuing CRIMINAL CASES. So why would Jon CHOSE to HIRE a CRIMINAL ATTORNEY to re-negotiate his DIVORCE? After the Heller fiasco last year I can't fathom how he still doesn't seem to get it!



Mr. List apparently has a practice with his son. Here is a link that shows his son's area of expertise. This link shows the same address as the one on Jon's filing.



http://www.palicenselawyer.com/index.html



I had to wonder if Jon ever had hired the son for a traffic matter? Really curious why Jon would even approach this firm? Hope someone digs into this a bit.



What I find really puzzling is WHY would Anthony List take this case? I read the filing. Did he really assert the Judge and Arbitrator did not follow PA law? Sounds like a criminal defense strategy but why would it work in DIVORCE court? The dynamics are completely different. Also, if Mr. List was/is US Fed lawyer, don't those cases deal with FEDERAL law, not state! Comes full circle to hiring an attorney who understands PA DIVORCE statutes. So once again, hasn't Jon hired the WRONG type of attorney?



Mr. List may do well in CRIMINAL COURT but his comments to the press so far seem extremely odd. My favorite so far is the one about DONALD TRUMP not being able to pay the child support Jon is responsible to pay. The cold facts are Jon pays $2,750 per child or $22,000 per month- remember he has 1 set of twins and 1 set of SEXTUPLETS. That equals 8 tiny mouths. Shouldn't attorneys make sure their comments are ACCURATE? A simple check of the court records would have clearly shown Donald Trump paid $100,000 a month, $50,000 per child (and that doesn't count what he paid Marla Maples for his third child). I don't recall a peep from Donald Trump about not financially providing for his kids. Donald Trump also never tried to gain primary custody to limit his child support or to use his children as pawns to force any of his spouses to give his a cent. I kept hoping Donald Trump would demand Mr List clarify and correct the misperception such a comment created.




I keep half expecting Mr. Heller to jump out from behind a bush!

To be honest I am surprised more folks on this board don't understand the importance of an attorney's area of practice and have not understood the mistakes Jon seems content to continue to make when it comes to hiring attorney.

1623 days ago
94.

DEBORAH    

Why does the courts not get a court appointed rep for the kids? Someone that is looking into all of this and seeing what is best for them? Both parents growing up would be the best. But that is not going to happen. Time to close this book. TLC needs to let the train wreck and not show it any more.

1623 days ago
95.

DFMR    

I am so sick of Kate Gosselin-I will not watch DWTS until she is voted off-I will switch a channel if she is yaking on a show or if a show is yaking about her-She is not a very nice person-She was degrading to Jon and her own kids on the reality family show and I think that the kids should have a court appointed representative on site everytime those kids are filming something with the mother- In Kates opinion everyone is always lying about her-Isn't that odd!

1623 days ago
96.

Tiger Woods    

Kate will be OUT by next week....Can't stand that lady!!!



just feel embarrass for HER!

1621 days ago
97.

Julia Washburn    

Look at the do***ents, even his attorney doesn't know who he is working for. Jon is listed at the beginning as the Plantiff but at the end of the do***ent for the attorney's signature he puts he is the attorney of the Defendent. Who side is he on??? The paperwork doesn't look right to me.

1620 days ago
98.

mlkauffman    

Maybe Kate should continue with her $5 allowance for Jon. That's all he was ever worth to her. I watched every show and it was painful to watch how she treated Jon. I thought it was obvious when they renewed their vows, that it was not a loving relationship. She was even yelling at her kids during the vows. Their first wedding pictures showed a loving couple. She even included her family. I'd love to know what they now think of their "media whore" daughter now???

1618 days ago
99.

really bored...    

I think Jon should have joint custody with Kate. There both capable of raising children as much as possible for there kind.

1616 days ago
100.

rustys mom    

Kate is a spousal abuser. If Jon had hit Kate as often as she hit him and told him not to breathe (!) as she did, she would have spent a few days at least in jail or doing community service. Womens' groups are silent on the issue of abuse, and appear to applaud the spousal abuse by Kate. I don't care for either of them, but there ought to be justice on the issue. She can do no wrong by her supporters (afterall, they voted for her on DWTS) who seem to be either blind, or don't like men, period. Sad.

1612 days ago
101.

elsie nelson    

I think Kate is doing a great job trying to support her children.



1609 days ago
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