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    Writing Sample - Motion To Add Third Party Defendant

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    Raydia Martin
    The petitioner Jane Smith filed a motion to add Verizon Wireless as a third party defendant. The original divorce decree required John Jones to pay child support, but Verizon failed to withhold payments from his paycheck despite receiving two notices of withholding. The petitioner seeks to add Verizon as a third party for failing to comply with the child support order.

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    © All Rights Reserved
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    Writing Sample - Motion To Add Third Party Defendant

    Uploaded by

    Raydia Martin
    134 views2 pages
    The petitioner Jane Smith filed a motion to add Verizon Wireless as a third party defendant. The original divorce decree required John Jones to pay child support, but Verizon failed to withhold payments from his paycheck despite receiving two notices of withholding. The petitioner seeks to add Verizon as a third party for failing to comply with the child support order.

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    Writing Sample - Motion to Add Third Party Defendant

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    The petitioner Jane Smith filed a motion to add Verizon Wireless as a third party defendant. The original divorce decree required John Jones to pay child support, but Verizon failed to withhold payments from his paycheck despite receiving two notices of withholding. The petitioner seeks to add Verizon as a third party for failing to comply with the child support order.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    134 views2 pages

    Writing Sample - Motion To Add Third Party Defendant

    Uploaded by

    Raydia Martin
    The petitioner Jane Smith filed a motion to add Verizon Wireless as a third party defendant. The original divorce decree required John Jones to pay child support, but Verizon failed to withhold payments from his paycheck despite receiving two notices of withholding. The petitioner seeks to add Verizon as a third party for failing to comply with the child support order.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

    COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION

    IN RE MARRIAGE: )
    )
    JANE SMITH ) No:
    Petitioner )
    ) Calendar:
    )
    and )
    )
    JOHN JONES )
    Respondent )

    MOTION TO ADD A THIRD PARTY DEFENDANT

    NOW COMES the Petitioner, JANE SMITH (“Petitioner”), by and through her
    attorneys, ATTORNEY LAW OFFICES and, pursuant to 735 ILCS 5/2-405 of the Illinois Code
    of Civil Procedure, petitions this Honorable Court for an Order requiring that the Respondent’s
    employer, VERIZON WIRELESS, be added as a third party defendant in this matter, and in
    support thereof, respectfully states as follows:

    1. On January 12, 2012 a Judgment for Dissolution of Marriage was entered by Judge
    Thomas J. Kelley, and a Uniform Order of Support was entered ordering the Respondent
    to pay Petitioner $1,200 a month of unallocated support and $215 a month towards an
    arrearage amount.

    2. The January 12th Uniform Order of Support mistakenly stated that support payments were
    to end on April 17, 2014, when it should have stated instead that payments were to be
    made throughout the lifetime of Petitioner’s oldest son, Christopher Jones, who is a
    disabled adult. After April 17, 2014, Respondent ceased to make payments pursuant to
    the original order, and Petitioner filed a Motion to Extend Maintenance.

    3. On June 19, 2014, Judge Mark Lopez entered an amended Uniform Order of Support
    ordering Respondent to pay Petitioner $1,200 a month in unallocated support and $215 a
    month towards arrearages for Christopher’s lifetime.

    4. On the same day, our office sent Respondent’s employer, Verizon Wireless, a Notice of
    Withholding through certified mail requesting that it withhold a total of $1,415 a month
    out of Respondent’s paycheck pursuant to the June 19th amended order. Our office
    received a green certified mail card certifying that Verizon Wireless had received the
    Notice.

    5. A few days later, Respondent filed a Motion to Vacate the June 19th order.
    6. On August 26, 2014, Judge Lopez granted Respondent’s Motion to Vacate the June 19th
    amended Uniform Order of Support and set the hearing for Petitioner’s Motion to Extend
    Maintenance for October 10, 2014. He also entered an order for temporary support
    reinstating Respondent’s $1,200 a month child support payments and $215 a month
    arrearage payments.

    7. After the June 19th order of support was vacated, Verizon Wireless had no knowledge
    that it was no longer a legitimate order and still failed to withhold any payments from
    Respondent’s paycheck pursuant to the Notice of Withholding our office sent.

    8. On October 10, 2014, Judge Lopez entered an order continuing Petitioner’s Petition to
    Extend Maintenance until November 18, 2014 and ordering that the August 26th order
    temporarily reinstating Respondent’s $1,200 unallocated support payment and $215
    arrearages payment was still in full effect.

    9. On the same date, our office sent another Notice of Withholding to Verizon Wireless by
    certified mail requesting that it withhold $1,415 a month from Respondent’s paycheck
    pursuant to the October 10th order. Our office received a green certified mail card
    certifying that Verizon Wireless had received the Notice.

    10. Petitioner never received any payments, and it was discovered that Verizon Wireless had
    again failed to withhold any amount from Respondent’s paycheck pursuant to the
    October Notice of Withholding.

    WHEREFORE, the Petitioner respectfully prays for relief as follows:

    A. That the Respondent’s employer, Verizon Wireless, be added as a Third Party Defendant
    for failing to withhold payments from Respondent’s paycheck pursuant to a Notice of
    Withholding sent to it on two separate occasions.

    Respectfully submitted,

    ______________________
    Attorney for Plaintiff

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