SMartinez / WENN 1 / 5
SMartinez / WENN 1 / 5

Jon Gosselin wants a place to call his own - Kate Gosselin's home.

Jon filed court papers Wednesday requesting physical custody of the couple's eight children. He also wants the right to live in Kate's guest house and says that he should be allowed to live there per the terms of their divorce settlement. has learned exclusively that Jon has been staying with his brother. And one source told us: "That's not going so well."

Jon has accused Kate of being an absentee mom because she is appearing on "Dancing With The Stars" in Los Angeles.

But as reported exclusively, Jon has spent far more time away from the children, simply to be with his then-girlfriend. has documented that Jon has spent several weeks away from his children this year only to hang out with his girlfriend and not for employment reasons.

In the new court papers Jon asks that the child support order be revisited.

Jon also says that his divorce settlement gives him the right to live in Kate's guest house when he doesn't have physical custody. He charges that Kate abuses the right she was awarded to set the custody schedule.

The former reality TV star is trying to get out of his child support payment and argues in the court papers that Kate is paid by TLC but her contract specifies she could be paid only by TLC.

Kat is earning $200,000 for appearing on "Dancing With The Stars."


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