Jon and Kate Gosselin are due in court in Pennsylvania on May 25 for a hearing on his motion for full custody of their eight children.
Jon Gosselin's new lawyer also says his client does not earn enough to warrant the current $21,700 monthly child support award.
The couple divorced last year after a 10-year marriage that produced twins and sextuplets. They starred in the hit reality show "Jon & Kate Plus 8."
Kate Gosselin currently appears on ABC's "Dancing With the Stars" and has a new reality show in the works. On the TODAY show on Tuesday, she said her TV career doesn't make her an absentee parent. She says she's a single mom trying to support her children.
Her lawyer, Mark Momjian, says Jon Gosselin's request is riddled with errors and should be dismissed.