published on May 07, 2024 in blog

Kate Gosselin appeals ruling to dismiss her $132k back child support case against ex-husband Jon in

TLC star Kate Gosselin has appealed a Pennsylvania judge’s ruling to dismiss her $132,875 back child support case against her ex-husband Jon, The U.S. Sun has exclusively learned.

Kate, 48, filed an adverse revival against Jon, 46, on September 7, 2022, which requests a Pennsylvania court enforce the payment of an old judgment.

The old judgment is child support for $132,875, as Kate first filed the complaint back in March 2018.

The U.S. Sun previously reported Judge James E. Gavin ruled to strike the judgment Kate filed against Jon on November 14, 2023.

Now, The U.S. Sun can exclusively reveal Kate has filed an appeal to Judge Gavin’s ruling.

On December 11, Kate’s attorney filed a Notice of Appeal to the Superior Court of the November 14 order.

COURT WAR

As The U.S. Sun previously reported from court documents, Jon’s legal team claimed Kate filed the adverse revival because he requested and was awarded custody of Hannah and Collin, breaking an alleged agreement they made.

One filing brings up a “judgment note” that was “signed in her favor” in May 2012.

The court papers read: “[Jon] and [Kate] executed a ‘judgment note’ wherein [Jon] was to pay [Kate] the sum of $125,000 with six percent interest plus costs of suit in collections.

“We believe and therefore state that the purpose of the Judgment Note is to enter judgment as a penalty should [Jon] file a complaint seeking child custody, which he did, and on which he succeeded. [Jon] has not paid this amount.”

The court papers continue: “A contract cannot penalize a party for asserting their parental rights to the point that asserting them becomes unbearable in practice.

“Neither can parties by contract, destroy this honorable court’s duty to support the best interests of the child in a custody arrangement when there is a dispute over the child’s best interests.

“Therefore, an asserted contract term that penalizes one party for exercising his right to participate in his child’s life is against these firm policies.”

The filing continues: “Furthermore, the asserted penalty term punishes the child. It does so not only by removing the child from a beneficial life with a father, but also by making it impossible to determine the best interests when they are in dispute.

“In custody matters, the consideration is always the best interests of the child.

“We believe the ‘judgment note,’ to the extent it is valid - which it is not - contemplates the penalty amount as the amount of arrears owed in support.

"Plaintiff is essentially exchanging forbearance on that amount, declining to seek arrears through the domestic-relations process, for Defendant’s ‘promise’ not to file a complaint in custody.

“Should Defendant ‘default’ on the warranties he gave under that advance, by seeking custody to which he is entitled, then the full amount will become due and owing.’"

Jon’s legal team requested the judgment be “void” for these reasons.

Judge Gavin ruled the Petition to Open/Strike Judgment should be “held under advisement” to allow the parties to explore alternative dispute resolution options on October 3 before he ultimately dismissed the case.

A source close to Jon previously told The U.S. Sun of the court case: “She is suing for support for money that was created by domestic relations in 2012. It was at the time she wanted legal custody of the kids so she could film and earn more money.

“She is relentless and desperate for money so she is now trying to sue.

“Kate hasn’t had a job other than reality TV for 17 years. She is doing what she can to get money.

“It looks like Kate’s financial situation is dire. Why else would she be pushing another lawsuit?”

KATE'S SIDE

Kate's lawyer previously told The U.S. Sun regarding the lawsuit: "The docket speaks for itself and 90 percent of the time, if not more, what you hear from Jon or his sources are complete outright lies.

"May want to check the docket, apparently his most recent attorney, which I believe is his 10th or 11th, needs to be withdrawn because Jon can’t pay him or owes money, which is the normal route for him.

"That speaks volumes."

The U.S. Sun confirmed there was a motion for an attorney to withdraw an appearance on behalf of Jon, though it is unclear if the motion relates to fees.

Before the kids turned 18 in May 2022, Kate had custody of sextuplets Leah, Alexis, Joel, and Aaden, all 19.

She also had custody of twins Mady and Cara, both 23.

Jon had Hannah and Collin in his custody.

MONEY ISSUES?

Kate’s demand for money from her ex-husband comes amid reports that suggest she is struggling with financial issues.

"She's fallen quite a ways from being one of the country's top reality stars.

"Kate is currently living a very quiet and boring life in North Carolina. She doesn't date and has very few friends – actually, her best friends are pretty much her kids," a source told In Touch Weekly in October.

"Kate lives paycheck to paycheck.”

FINANCIAL SHOCKER

Jon previously said to The U.S. Sun that Kate took more than $100,000 from bank accounts belonging to their eight children.

In never-before-seen court documents previously obtained by The U.S. Sun, Kate admitted she borrowed money from a trust fund in 2019 for her living costs.

Jon demanded she pay back the money she owes to Hannah and Collin, as well as to the other kids if she has not already.

He previously told The U.S. Sun: "It's disgusting and it's morally wrong.

"Parents are not supposed to withdraw any money from these accounts without permission and without drawing up paperwork that they will pay it back - but she has produced no paperwork and no payments have been made.

"You can't just live off your kids' money."

He added: "It makes me feel disgusted. She has been on TV telling the world she has saved her children's money when she's actually been stealing from them - she's a hypocrite.

"There's been no remorse from her at all. Now they're 18 she thinks she can get away scot-free."

The former TLC star said he noticed a large amount of money appeared to be missing from his kids Hannah and Collin's trust accounts when he gained custody of the two children in 2018.

The former couple set up a trust account for the kids to keep their earnings from appearances and promotional activities safe until they turned 18.

KATE RESPONDS

When questioned in court the following year, Kate admitted she withdrew two lots of $50,000 from the kids' trust, adding: "I will have to keep borrowing from it to survive," according to court documents.

In the court filing, Kate claimed the assets were being used to “meet her and the children’s expenses.”

Kate's lawyer declined to comment to The U.S. Sun when asked about the claims at the time.

But Kate's attorney responded to the claims in a statement to Us Weekly in August 2022: “Kate’s integrity is impeccable. I can’t say the same for Jon Gosselin.

"He clearly owes her $132,875 in child support, not counting interest, from the day it was entered.”

'LACK OF CREDIBILITY'

The judge in the case stated that Kate should have made plans to repay the loans, according to court papers.

He said: "If these truly were loans there should be evidence of repayments sometime in the future."

The judge goes on to say: “The evidence does not support mother’s argument that her earning capacity is zero.”

The judge also said Kate has a lack of credibility regarding her financial claims and ordered that she is liable to pay child support and arrears.

In a counterclaim filed later in 2019, Kate said that the courts had committed an error in finding that she had failed to produce documentation to support her lack of income.

However, in a November 2019 ruling, her claim was dismissed.

Kate was found to be in contempt of the court and ordered to pay $1,500 in attorney fees to her ex-husband.

SHOW OVER

TLC officially cut ties with the family in 2019 after Jon and Kate's court war over filming.

As The U.S. Sun previously reported, Jon filed a petition for contempt against Kate on October 18, 2019, claiming she filmed the four minor children in her custody - Leah, Alexis, Joel, and Aaden - without his consent.

A standalone episode of Kate Plus 8 aired on October 1, 2019, titled College Bound and featured their twin daughters Mady and Cara’s college tours and a family vacation.

Jon claimed from court papers that he did not receive information from Kate or TLC that “filming of the minor children was to occur" for the episode.

As part of a May 14, 2019 agreement, Kate is allowed to film with the minor children in her custody if she and/or the TLC provide him with a “filming schedule including the date, time and location of filming.”

He demanded his ex-wife be held in contempt and pay $1,500.

In Kate’s response to his petition on October 30, 2019, she claimed she “was under the mistaken impression” that the network was “handling all notifications to the Father and that she was not personally responsible for these notifications” regarding filming for the episode.

She then filed a counterclaim against Jon, accusing him of continuing to “publicly embarrass” her and “tarnish” her reputation so that her ability to continue the show is “completely thwarted."

Kate then blamed him for TLC canceling the series.

The TLC star claimed in the court papers: “Father has continued to sell private information and documents…

“The resulting publications shed negative light on Mother and directly on the TLC network, which consequently leaves the network unwilling to continue its relationship with Mother.”

Despite Kate’s arguments, the court found her in contempt and ordered her to pay $1,500 in attorney’s fees to Jon.

The court also dismissed Kate's counterclaim against Jon.

KATE'S LIFE TODAY

Kate currently lives in a $750,000 lakeside home in North Carolina after selling her Pennsylvania house.