Kate Gosselin's Lawyer: Jon Still Hasn't Paid Up

10/23/2009 at 04:50 PM EDT

Kate Gosselin's Lawyer: Jon Still Hasn't Paid Up
Jon and Kate Gosselin
Ethan Miller/Getty; Brian Flannery/Flynet
Kate Gosselin is still waiting for Jon Gosselin to return the money he took from the couple's joint account, but Kate herself has obeyed with a court order to itemize what she spent from the account, says her divorce attorney Mark Momjian.

"Kate has complied with the court order in advance of the date," he says, noting the reality mom was not ordered to return any money.

Earlier Friday, Jon's New York attorney Mark Heller, told PEOPLE that Jon was in "complete compliance" with a court order telling him to return $180,000 he took from the couple's joint account.

So far only $28,500 has been returned, says Kate's lawyer, but at 1:23 p.m. he received an email from Jon's Pennsylvania attorney saying he had the remaining $152,000 he owes.

"We still haven't had that money wired to us," he told PEOPLE. "I have no doubt Jon's lawyer is making an accurate representation but I'm just waiting."

A hearing is scheduled for Monday in a Norristown, Pa. courtroom if the money issue is not resolved. Momjian said he is not sure yet if that hearing will happen.

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