Kate Gosselin’s lawyer filed papers Monday morning at Montgomery County Court in Pennsylvania in a bid to get back the $230,000 taken from her account by estranged husband Jon.
In a statement to RadarOnline.com, Kate's Attorney Mark Momjian said: "We went to court this morning to protect her rights. The judge hasn't ruled yet, but is expected to at anytime. We are seeking sanctions against Jon Gosselin and we want the money returned, now."
A heartbroken Kate told the Today Show Monday that she only had $1,000 left in her account and could not pay her bills after Jon’s shock bank raid.
“He took $230,000 of the $231,000 we had,” she told Meredith Vieira in New York.
RadarOnline.com was the first to break the news that Jon had gone into the joint account and taken the cash without her knowledge.
He appeared on Larry King Live last week saying he wanted the couple to mediate so that they could become friends. But at the same time, he had secretly withdrawn almost all the money out of the account she uses to pay the family bills.
This was days after TLC announced it was limited his role on Jon & Kate Plus 8 and renaming the show Kate Plus 8. Jon has demanded the show not film his children and taping has been suspended.
RadarOnline.com has learned that early in the divorce Kate removed $100,000 from their bank account after she became concerned Jon was wasting money on "toys" like an expensive car and a four-wheeler.
But when arbitration started she acknowledged that she had removed the cash but had given Jon half of it.
Jon Gosselin’s lawyer Mark Heller says that according to his client’s recollection since receiving monetary compensation from TLC for the past four and a half years “he has not withdrawn any money for his own re-numeration with exception of the past several months wherein he believes he only withdrew approximately $175,000 which is less than 10 per cent of the gross revenues paid the Gosselins.”
Kate Gosselin’s law firm made the claim – according to Heller’s statement that Jon "withdrew the money in secret".
Heller argues it’s not a secret because Jon’s sudden yanking of cash out of the account is reflected on the bank sataemments which Kate has sole access to.
Kate hired Los Angele’s top attorney, Marty Singer, who sent Heller a blistering letter last week and is now seeking, with Kate’s east coast lawyer, contempt charges against Jon.
Heller finally responded and says that when all the money is accounted for "Jon will be awarded substantial additional funds.”
Heller gave a statement to Entertainment Tonight, counter attacking and offering justification for Jon’s actions. His full statement reads:
“Regrettably, right after Jon Gosselin expressed his sincere desire to mediate at a table with Kate and both of their respective attorneys, while temporarily suspending legal proceedings in order to resolve numerous issues and open up lines of communication, (since Kate has not only refused counseling but has refused to communicate with Jon other than through texting), Kate unfortunately has chosen to “lawyer up” by teaming up three separate law firms to declare war in response to Jon’s request for a Peace Summit.
In the past approximate four and a half year period when “Jon & Kate plus 8” has been airing, approximately $2,250,000 in revenue is believed to have been paid to the Gosselins, however, Jon is not certain of the specific amount of revenue paid, since Kate has, upon information and belief, violated the Arbitrator’s Order which directed that she “sign any documents necessary to give Husband internet access to the following bank accounts…” (four bank accounts were identified).
In addition, upon information and belief, Kate further violated the Arbitrator’s Order since she has not provided “a written explanation for the disposition of the withdrawal on 10/23/08 in the amount of $332,943.” In addition, Kate has not provided “a written explanation for the disposition for all withdrawals… the first such withdrawal… on 3/24/08 in the amount of $125,000,” as well as a withdrawal “dated 3/28/08 in the amount of $3,000,” nor has she provided “the disposition of the withdrawal on 4/14/08 in the amount of $8,534.89.”
Jon has always left the bookkeeping and accounting in Kate’s hands and in light of the litigation, he sought an accounting which he has not received.
It should also be noted that in a communication directed from Kate’s third law firm addressing the issue of the purported withdrawals by Jon, the lawyer’s letter surprisingly stated “neither party shall withdraw funds…without the prior consent of the other party…” but the lawyer’s letter failed to include the directive “which consent shall not unreasonably be withheld by either party.” (underline added).
Furthermore, the contention in said communication from Kate’s third law firm that Jon “withdrew the money in secret” flies in the face of the fact that all withdrawals would have been reflected in bank statements and online account information that Kate monitored and controlled and failed to access Jon to. Although Jon has been unable to reach the Bank today, Sunday, to confirm the withdrawals purportedly made, his recollection is that for the past 4 1/2 years that TLC has been paying the Gosselins for their participation in the program, he has not withdrawn any money for his own remuneration with the exception of the past several months wherein he believes he only withdrew approximately $175,000 which is less than ten percent of the gross revenues paid the Gosselins and certainly no one would deem it unreasonable that Jon waited a little over four years to take any “paycheck” for his 4 1/2 years of services and is clearly a de minimis sum compared to the $2,250,000 in revenue for which he is still awaiting an accounting from Kate. Jon certainly did not withdraw “hundreds of thousands of dollars” in the past week, contrary to the implications that have been made.
Certainly, if Kate would, as Jon requested, open up lines of communication privately, rather than in Court, to facilitate a better parenting partnership, a further benefit to Kate might result now that Kate has opened up this issue of bank withdrawals by avoiding her public embarrassment should it be determined that she took more money for herself than was appropriate. Maybe, this is why Kate refused Jon’s extension of the “olive branch” and instead of accepting the peace offer she chose to build up her legal team to include three separate law firms and to divert what very well might become her embarrassment by attempting to embarrass Jon’s attorney by focusing attention away from the true issues relevant to Jon and Kate and their eight children.
It is not unlikely when the Arbitrator and/or the Court receive a full accounting of all of the proceeds which have been under the control of Kate and take into consideration any withdrawals made by both parties, that Jon will be awarded substantial additional funds.
By the way, Kate, please let your three separate law firms, that now represent you, know that Jon is still hopeful that you will agree to suspend the Divorce Proceedings and sit down at the table with him to open up lines of communication, straighten out all issues, such as the financing, and most importantly, join him as a partner in parenting your eight beautiful children.”