|
Tennessee State Profile |
Updated on 26 Feb 2007
Certified on 17 Sep 2007
|
A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/County Operated |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
31 |
| A3. With what types of agencies do you have cooperative agreements? |
Agreements with local District Attorneys, Juvenile Courts and private contract agencies |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes |
| A4.1. If so, what is the statutory citation? |
T.C.A 71-3-124 |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
Yes |
| A4.3. If so, please explain. |
Opinions were issued by the TN Office of Attorney General, Opiinion # 00-27 and by the Board of Professional Responsibility of the Supreme Court of TN, Opinion # 90-F-123. |
B. UIFSA |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
7/1/1997 |
| B2. What is the effective date of your State's Act? |
1/1/1998 |
| B3. What is the statutory citation for your State's Act? |
TCA Section 36-5-2001
|
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
1996 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
|
| B5. Optional comments regarding your State's UIFSA Act. |
|
C. Reciprocity |
|
| C1. With what foreign countries does your State reciprocate? |
Norway, Hungary, Jamaica, Australia, Germany, United Kingdom, France, Puerto Rico, Ireland, Poland, Netherlands, England, Slavic Republic and Canada (Ontario, Brunswick, Northwest Territories, Manitoba, Nova Scotia, Newfoundland, Yukon Territory, Prince Edward Island, Saskatchewan),Sweden |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
|
| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
|
D. Age of Majority |
|
| D1. What is the age of majority in your State? |
18 years of age, unless child is still in high school; in such cases emancipation occurs when child graduates from high school or when class child is in when he/she reaches 18 or graduates. |
| D2. What is the statutory cite for the age of majority? |
T.C.A. Section 34-11-102
|
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
Age 18 unless child is still in high school; in such cases emancipation occurs when child graduates from high school or when class child is in when he/she reaches age of majority. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
|
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
|
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
|
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
No |
| D7.1. If yes, please describe the procedure. |
|
E. Statute of Limitations |
|
| E1. What is your State's statute of limitations for collection of past due support? |
(TCA Section 36-2-321) Judgment for child support payments for each child subject to the order for child support pursuant to this part shall be enforceable without limitation as to time. The law is not retroactive. |
| E2. What is your State's statute of limitations for paternity establishment? |
Paternity can be established up to 3 years after child reaches age of majority. |
| E3. Is dormancy revival/renewal possible? |
No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
|
F. Support Details |
|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Income Shares Model |
| F2. Does your State charge interest on missed arrears? |
No |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| F3. Does your State charge interest on retroactive support? |
No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| F4. Does your State charge interest on adjudicated arrears? |
No |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
If there is a judgment or specific dollar amount in order, we would enforce. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
No |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
|
| F6.2. What costs are recovered from/fees charged to the obligor? |
|
| F7. Does your State recover costs on behalf of the initiating State? |
No |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
|
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
T.C.A. Section 36-5-2201 T.C.A. Section 20-2-214
|
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Establish - not a IV-D function Enforce - only in conjunction with child support order Modify - not a IV-D function |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
Yes |
| F10.1. Optional comments regarding required information on spouse or partner. |
|
G. Income Withholding |
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income withholding, wage withholding or income-assignment. |
| G2. What specific source of income is not subject to withholding? |
None.
|
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
Yes |
| G3.1. If yes, what are those limits? |
The amount withheld must not exceed 50% after FICA, withholding taxes and health insurance, which covers the child. |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
5% not to exceed $5.00 per month. |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
Within 2 business days. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Within 7 days of the date the employee is paid. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Initial contact made to the employer. If no payment is made, a warning letter is sent to the employer. If still no payments, contempt proceeding are initiated. This is a last resort measure. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
T.C.A. Section 36-5-501 (c) (1) (h) states an employer shall be subject to fine for a Class C misdemeanor if the income assignment is used as a basis to refuse to employ a person or to discharge the obligor/employee or for any disciplinary action against the obligor/employee or if the employer fails to withhold from the obligor's income or to pay such amounts to the clerk or to the Department as may be directed by the withholding order. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
Yes |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
|
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
Worker's Compensation claims should be sent to the employer who in turn sends to their Worker's Compensation insurance carrier. |
| G11. How does an obligor contest income withholding in your State? |
Appeal for Fair Hearing process within 15 days of date of notice or date of personal service. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
Income withholding takes priority over any other assignment except tax debts. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
|
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
|
| G14. When does your state require the employer to send notice of an employee's termination? |
|
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
|
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
|
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
|
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Direct income withholding can be sent to an obligor's employer. Direct income withholding can be sent to a financial institution (FI) only if the FI is the obligor's employer In regard to Workers Compensation, direct income withholding can be sent to an obligor's employer who will forward it to its Workers Compensation insurance carrier. TN accepts direct income withholding for UI benefits from other states: FEIN: 62-6001445 CONTACT: Linda Wyman Fax: (615)253-4649 ADDRESS: TN Dept of Labor and Workforce 10th Floor, Davy Crockett Tower 500 James Robertson Pkwy Nashville, TN 37245-2400 |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Payments are applied first to current child support, then to current medical support. |
H. Paternity |
|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
Yes |
| H1.1. If yes, please explain. |
Can be addressed at hearing; but, not by IV-D attorney |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99% |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
|
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
1994 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
No |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
|
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
If parties marry after child is born, it is considered legal. If married and natural father is there, all parties may sign affidavit as to legal father through court action. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
Yes |
| H6.1. If not, briefly explain. |
Since 1994, father's name on birth certificate means paternity is conclusively determined. |
| H7. Does your State have any other paternity-related presumptions? |
Yes |
| H7.1. If yes, briefly explain. |
If child is born within 10 months from the date of divorce. |
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
|
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
None. |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
Although TN does not recognize common-law marriages, if common-law law marriage is recognized in state in which it was contracted, it will be recognized. |
| H10.2. When did your current common law standard go into effect? |
|
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
|
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Usually the standard Paternity Affidavit is all that is necessary; however, interrogatories may be required-either written, videotaped, or teleconferencing, depending on court preference. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
T.C.A. Section 36-5-2201 T.C.A. Section 20-2-214
|
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
|
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
If the mother was not married at the time the child was born or within 300 days prior to that day, and if she and the biological father desire to add his name to the child's birth certificate, this can be done by completing the "Voluntary Acknowledgment of Paternity" form if the child is less than 19 years of age. If an individual lives in TN, this form and information may be obtained from either the local child support enforcement office or from the county health dpartment. Whether an individual lives in TN or somewhere else, if their child was born in TN, they can contact or visit the TN Vital Records Office for instructions. If either the mother or the father is not willing to add his name to the birth certificate or if another man is already listed as the father, then a court order will be required to make the change to the birth certificate. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
|
I. Support Order Establishment |
|
| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Judicial process. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
|
| I1.2. Under what circumstances would the judicial process be used? |
|
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
|
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
None. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
If the court finds evidence sufficient to rebut, the court must make a written or specific finding that application of the guidelines would be unjust or inappropriate in the particular case. Findings that rebut must state the amount that would have been required under guidelines and include justification for duration which takes into consideration the best interest of the child. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
(T.C.A. Section 36-2-311(a)(11) and 36-5-101(e)(1)). Code presumes retroactive support should be set to the date of the child's birth or set to the date of the parents' separation or divorce. If rebutted by clear and convincing evidence the retroactive support date can vary. |
| I4.2. What information or documentation does your State require to proceed? |
Documentation of income or amount will be imputed. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
Based upon individual's ability to pay. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
1. Issue administrative subpoenas. 2. Issue Notice of Lien. 3. Issue Administrative Order for payments to be made on arrears. 4. Issue Request for Information for child support enforcement. 5. Issue Administrative Order to NCP or employer to redirect child support payments to State's Centralized Collection Unit. 6. Issue Notice of Redirect Child Suport Payments to State's Centralized Collection Unit. 7. Issue Notice of Civil Penalty for failure to comply with the Request for Information for child support enforcement. 8. Issue Notice of Seizure of Asset. 9. Issue Administrative Order for Seizure of Asset. 10. Issue Administrative Order for Parentage Test. 11. Issue Notice to Applicant or Recipient of Child Support Services to inform the recipient of the notice that the IV-D attorney assigned to the Child Suport case does not represent that individual but represents onlythe State of TN. 12. Issue Petition to Enforce Administrative Order. 13. Issue Petition to Enforce Administrative Subpoena. 14. Issue Administrative Order for Modification of Current Support. 15. Conduct administrative review of appeals regarding administrative actions. Yes. |
| I6. What is your State's statutory authority for the administrative process? |
T.C.A. 36-5-808
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
T.C.A. 36-5-801 |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
|
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
|
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
|
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
|
J. Support Enforcement |
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
TN does not have a State income tax. |
| J2. Is the lien process in your State judicial, administrative or both? |
Both judicial and administrative. |
| J2.1. What are the trigger criteria for filing a lien? |
An arrearage of $500 or more. |
| J2.2. Where is your State liens filed? |
Locally. |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
The State does not charge a fee, but the county Clerk of Court and Register of Deeds may charge a filing fee. The amount is unknown. This may vary from county to county. |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Property seizures are administrative. The Tennessee Department of Revenue procedures control the sale of seized property. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
When the case is established and a support order is entered. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
The State is required to notify the NCP. |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
Notification must be sent to the NCP within 5 days of the issuance of the order of seizure. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
An arrears balance of $500 or more. No accounts are exempted. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$500.00 |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
No defined time period. The freeze remains in effect until the State notifies the financial institution to remit the funds or release the lien. |
| J5.3. 1. If yes, please provide the time frame. |
N/A |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
Yes |
| J5.4.1. If yes, please provide the percentage. |
100% Savingins Account Balance 50% Checking Account Balance |
| J5.4.2 . Is the percentage different for joint accounts? |
No |
| J5.4.3. If yes, please provide the amount. |
N/A |
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
NO |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
N/A |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
15 days (beginning with the date printed on obligors Notice of Seizure of Assests. |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
N/A |
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
1. The correctness of the identity of the person(s)against whom the administrative action is directed. 2. Whether there is a mistake of fact involving the action of the department. 3. The correctness of the amount of the obligation. 4. The extent of the obligor's interest in the assests. 5. Whether good cause exists to not seize, sell,levy, levy upon, distribute or otherwise dispose of all or a part of such assests. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Administrative. |
| J5.11. What are your State's penalties for incorrect seizures? |
None. |
| J5.12. Is the second challenge administrative, judicial or both? |
|
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
15 days from date of notice. No unique requirements. No recourse for non-debtor (financial institution sends notice to non-debtor, IV-D agency will hear complaint if asked). |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Not centralized. And not automated. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
None. |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No |
| J5.16.1. If yes, what is the amount? |
N/A |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
No |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
N/A |
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
10 Days |
| J5.19.1 . If yes, please define. |
|
| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Administrative procedures are available to intercept Unemployment Compensation and Worker's Compensation benefits. |
| J7. Please describe any other administrative enforcement procedures your state may have. |
Genetic testing |
| J8. Please describe any other judicial enforcement procedures your state may have. |
|
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
Procedures are not in place at this time. T.C.A. Section 36-5-903 provides that the TDHS may enforce the lien without further order by a court by (1) intercepting or seizing periodic or lump-sum payments or benefits or benefits due the obligor from: (A) A state or local agency; (B) Judgments or any judicial or administrative tribunal, settlements approved by an judicial or administrative tribunal, and lottery winnings; (2) By attaching or seizing assets of the obligor and other person or entity held in financial institutions as defined in T.C.A. Section 36-5-910; (3) By attaching public and private retirement funds; and (4) By enforcing the sale of the obligor's legal or equitable interest in property and by distribution of the proceeds of such sale.
|
| J10. Which of our state's enforcement remedies are available without registration? |
Income assignments, liens, contempt action and license revocation. |
| J11. Describe your state's registration and enforcement procedures. |
T.C.A. Section 36-6-2602 states an order may be registered in this state by sending the appropriate documents to a trial court in the county where the respondent resides, or in Title IV-D cases, the Central Registry of the TDHS. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
On receipt of request for registration, the court will file the order as a foreign judgment, together with one copy of the documents and information. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
No |
| J13.1. If yes, please provide the statutory citation. |
|
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
Yes |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
|
| J15. Does your state use credit bureau reporting as an enforcement method? |
|
| J16. Provide which credit bureaus your state report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
|
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
|
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
|
K. Modification and Review/Adjustment |
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Under T.C.A. Section 36-5-103 (1) (A), upon the request of either parent, or if there is an assignment of benefits under Title 71, Chapter 3, Part 1, upon request of the Department of Human Services or either parent, any order subject to enforcement pursuant to Title IV-D of the Social Security Act by any court under this Title or Title 37 shall be reviewed at least every 3 years, and, if necessary, adjusted in accordance with the guidelines established pursuant to Section 36-5-1-1(e) if the amount of the child support order in the existing order differs from the amount that would be awarded in accordance with the guidelines. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
Reviews are conducted upon request of TN Department of Human Services for IV-D cases or either parent in Non-TANF cases. |
| K3. Briefly describe your State's modification procedure. |
T.C.A. Section 36-5-103 provides that the existing order of child support will be reviewed every 3 years and, if necessary, adjusted in accordance with the child support guidelines. If there are substantial changes in the parties' situations between the mandated 3-year review period, the order can be adjusted in accordance with the child support guidelines. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
At least 15% change in gross income of an obligor; and/or a change in the number of children for whom the obligor is responsible. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
No |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
Effective January 1, 2006, orders considered for modification on or after that date will require the parties to show only the fifteen percent (15%)or the seven and one-half percent(7.5%) difference between the current and proposed orders for a modification to occur. |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
The TDHS is planning to develop a cost-of-living index to use through automated wage comparisons as a means of reviewing and adjusting the order. |
| K7. How does your state credit SSA disability to current and past due support? |
1. To the extent Social Security Title II benefits received by a child on the obligor's account meet the support obligations ordered to be paid by the obligor for the child, these benefits shall be counted as child support payments. 2. If after calculating the obligor's net income for child support obligation determination purposes and after calculating the amount of the support obligation, the amount of the child support award is equal to or less than the Social Security benefits paid on behalf of the child on the obligor's account, the child support obligation is met and no further child support amount shall be paid. Any Social Security Title II benefit amounts above the court ordered support shall be retained by the caretaker for the child's benefit. The court shall make a written finding in the order to this effect. 3. If after calculating the obligor's net income and after calculating the amount of the support obligation, the amount of the child support award is greater than the Social Security benfits paid on behalf of the child on the obligor's account, the difference between the amount of benefits paid on behalf of the child from the obligor's account and the amount of the presumptive award shall be the child support award in the case. The court shall make a written finding in the order to this effect. |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
|
| K8.1. If so, please explain the situation? |
|
| K8.2. What is the statutory cite for your abatement law? |
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
|
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
TN Vital Records Central Services Building 1st Floor 421 5th Avenue North Nashville, TN 37247 Ph. (615) 741-1763 FAX (615) 741-9860 The TN Office of Vital Records registers and maintains the original certificates of births, deaths,marriages and divorces that occur in TN. Certified copies of the original records are available to the person named on the record and to certain family members or legal representatives. Fees - Fees include a search of the records for the year before and the year after the event date you provide. If, after searching three years of records, the requested certificate cannot be located, you will be sent a letter certifying that no record was found. The fee will not be refunded because it is charged for the search of the records. Birth Records - A certified photocopy of the original record may be obtained at a fee of $12.00 for the first copy and $4.00 for each additional copy of the same record requested at the same time. For persons born from 1949 to the present, a certified copy produced by computer is also available at a fee of $7.00 for the first copy and $4.00 for each additional copy of the same record requested at the same time. Both types of copies (photocopy and computer produced) are certified and include a raised, embossed seal. Other Services - The Office of Vital Records provides other record services including the creation of a new birth certificate subsequent to adoption, legitimation or court ordered parentage; the addition of a father's name to a child's birth certificate with a voluntary acknowledgment of paternity; and the correction or amendment to facts shown on a certificate. Call or write to obtain more information about these services and the fees. |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
Uniform Support Petition, Support Order and Judgement, ENF Transmittal # 1, General Testimony, Arrearage Affidavit, and Registration Statement. Three (3) copies of all documents are required. |
L. Lump Sum Payments |
|
| L1. Does your state define a lump sum payment? |
No |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
No, however, the depatment's guidelines for determining child support obligations defines sources of income to be considered in arriving at the obligation amount. As such, lump sum payments would be included. For example, lump sum payments associalted with lotter winnings, workers compensation settlements, bonus payments, severance payments. |
| L1.2 Provide the statutory citation. |
|
| L2. Does your state law require employers to report lump sum payments? |
No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
However, employers often report bonus payments and severance. Personal injury insurance settlements and worker's compensation settlements are identified through the Child Support Lien Project (seat agency Rhode Island). |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
N/A |
| L4. How are employers instructed to report a pending lump sum? |
N/A |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
If e3mployer reports, for example, pending bonus or severance pay, the state immediately issues a lien against the amount. |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
Fifteen days (15) is allowed for an appeal of the lien. Collections would immediately disburse according to finding of appeal or expiration of the appeal period |
| L7. Does your state use the income withholding order to attach the lump sum payment? |
No |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
A lien would have to be issued |
| L8. Does your state use the lien/levy process to attach the lump sum payment? |
Yes |
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
The Administrative Order for Seizure of Assets is used for in-state seizures. Notice of Lien is used for out-of-state actions and also for in-state activity as the situation warrents. |
| L9. What other documents does your state use to attach lump sum payments? |
Notice of Seizure of Assets is issued to the non-custodial parent whenever the Administrative Order of Seizure is issued. The Notice of Seizure notifies the non-custodial parent, or the non-custodial parent's attorney, that the non-custodial parent's assets; are subject to a lien; the assets have been seized to satisfy a child support arrearage and the non-custodial parent has the right to appeal the action. |
| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
No |
| L10.1 If yes, what are those limits? |
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
Up to 50% of the person's net income as defined in the child support guidelines for establishing support obligations. |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
No |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
The 50% limit would apply. Any amount over the 50% would have to be secured by a lien. | |
|
