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Kate Gosselin lawyer: Jon's attorney's "full compliance" claim incorrect

By Christopher Rocchio, 10/23/2009 

Kate Gosselin's attorney is challenging Jon Gosselin's lawyer claim that his client is now "in full compliance" with a court order that he return $180,000 he removed from the divorcing Jon & Kate Plus 8 couple's joint bank account.

"That's factually incorrect," Kate's attorney Mark Momjian told Us Weekly on Friday.

"The only proof of money we received is $28,500 that was sent over a week ago. The only thing we're looking for is the difference, which is about $151,500. We have not yet received confirmation of that."

Earlier this month, Montgomery County Judge Arthur R. Tilson ordered Jon to return $180,000 of the $230,000 that Kate has alleged he withdrew from one of their joint bank accounts in violation of an arbitrator's previous order that they not withdraw any funds without the other's approval.

"Jon has completely complied with all of the directives of the court," Jon's attorney, Mark Heller, told Us on Friday. "He complied. He met all the mandates."

Heller declined to confirm whether Jon returned the full $180,000 when contacted by People but did state he feels his client has done what he needs to do to get off the legal hook for the funds.

"I can tell you that we've done what we needed to do to extricate Jon from any issues concerning contempt," he told People.

Momjian disputes Heller's claim that Jon has "completely complied" with all of the court's directives regarding the funds and added Jon will be in trouble if the remaining $151,500 is not deposited by Monday.

"We'll be in court. We'll be in court." Momjian told Us.

In addition, Momjian also wondered why Heller was commenting on the divorce proceedings given he is longer seeking to replace Charles Meyer, Jon's original divorce lawyer, on the case.

"Mr. Heller doesn't represent Jon Gosselin in the divorce action in state of Pennsylvania so it's a little puzzling to us why he's making statements on a case he is not counsel of record on," Momjian told RadarOnline on Friday.

"He's withdrawn his application to be admitted specially in Pennsylvania... Mr. Gosselin has a Pennsylvania lawyer and I would think that he would be talking to him, not Mr. Heller."

While Tilson ordered Jon to repay the $180,000, he also ordered Kate to provide an accounting of an additional $55,000 that she withdrew from the account -- which she had previously stated she uses to pay the family's bills.

Heller stated Kate has not provided that accounting information as of Friday.

"Unless something happens today [with Kate] she will be going through contempt proceedings Monday," he told People.

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