10/09/2009 AT 04:20 PM EDT
has filed paperwork asking for child support and temporary spousal support in the wake of Jon Gosselin taking nearly $230,000 from their bank account
, says Mark Momjian, one of her divorce attorneys.
"She needs relief in light of the draining of substantial marital assets in violation of the arbitrator's decision that the money should be used only for specific purposes," says Momjian, who adds that the economic issues between the Gosselins are being hammered out by a court-appointed arbitrator by agreement on both sides. An arbitrator's conference is scheduled for Tuesday, he says.
Kate's application for child support and temporary support was filed last week around the same time as an emergency petition asking a Montgomery County judge to order Jon to return the money, Momjian says. A hearing on that issue was scheduled for Wednesday but was canceled because the judge's wife died. No new court date has been set.
Mark Heller, Jon's divorce attorney, did not have an immediate comment on Kate's request, but Thursday said he still hopes the two sides can work out the monetary issues without having to involve a judge any further.
"We are hoping in the next few days we can all do some bookkeeping," he says. "I'm pretty sure this can come to a cordial resolution."