Tennessee State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?

Agreements with local District Attorneys, Juvenile Courts and private contract agencies

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?

A2.1. If yes, what is the statutory citation?

T.C.A 71-3-124
For Additional Information -

http://tennessee.gov/tccy.tnchild/71/71-1-123.htm

A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?

Yes

A2.3. If yes, please explain.

Opinions were issued by the TN Office of Attorney General, Opinion # 00-27 and by the Board of Professional Responsibility of the Supreme Court of TN, Opinion # 90-F-123. For more information go to: http://tennessee.gov/tccy.tnchild/71/71-3-124.htm section (B)(d)

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?

For Additional Information - No Link Provided

B2. How many copies or sets of documents does your state need for an intergovernmental case referral?

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)

None

C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?

C1.2. If yes, please explain.

C2. Has your state established reciprocity with any Native American tribal courts?

C2.1. If yes, list the tribes and identify services provided, if less than full services.

C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **

Yes

C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

Yes.

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; then 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 citation for the age of majority?

T.C.A. Section 34-1-102
For Additional Information -

http://www.michie.com/resources1.html

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; then 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 determine the law that is applied?

D4.1. If yes, please explain.

D5. Does child support end if the child leaves the household, but does not emancipate?

D5.1. Optional comments regarding emancipation.

D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?

Yes

D6.1. If yes, please explain.

When the child is handicapped or When the child is in college if it is stated in the court order.

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 otherwise emancipates?

D7.1. If yes, please describe the procedure.

D8. Does your state accept a application from a party after all of the children on the case have emancipated?

D8.1 If not, how does this affect interstate referrals?

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.
For Additional Information - No Link Provided

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.
For Additional Information -

http://tennessee.gov/tccy/tnchild/36/36-2-306.htm and 36-2-321

E3. Is dormancy revival/renewal possible?

E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.

For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?

Income Shares Model
For Additional Information -

http://www.state.tn.us/sos/rules/1240/1240-02/1240-02-04.20080815.pdf

F2. Does your state charge interest on arrears?

Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.

If the full amount of child support is not paid by the date when the ordered support is due, the unpaid amount is in arrears, shall become a judgment for the unpaid amounts, and shall accrue interest from the date of the arrearage, at the rate of twelve percent (12%) per year; provided, that interest shall no longer accrue on or after April 17, 2017 unless the court makes a written finding that interest shall continue to accrue. In making such finding, the court shall set the rate at which interest shall accrue after consideration of any factors the court deems relevant; provided, that the interest rate shall be no more than four percent (4%) per year. All interest that accumulates on arrearages shall be considered child support. Computation of interest shall not be the responsibility of the clerk. For additional information, see T.C.A 36-5-101 (f) (1).
For Additional Information - No Link Provided

F3. Does your state charge interest on retroactive support?

F3.1. If yes, please indicate the amount of interest charged and any related conditions.

No, however, once a judgment is entered for a past time period, if the judgment is not paid, it shall accumulate prospective interest. TN does not charge pre-judgment interest on child support.

F4. Does your state charge interest on adjudicated arrears?

Yes

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 percent of the uninsured portion?

Yes

F5.1. If yes, under what circumstances?

TN enforces the medical debt for the uninsured portion pursuant to the court order. This may be 50% or it may be a pro rata share for each party. Per TN DHS policy, the amount owed should be no less than $500 unless additional action is being requested simultaneously; such as child support enforcement and/or modification. Proof must be provided that the Respondent has been notified of the expenses.

F6. Does your state elect to recover costs or charge fees in your IV-D state plan?

F6.1. If yes, what costs are recovered from or fees charged to the obligee?

F6.2. If yes, what costs are recovered from or fees charged to the obligor?

F7. Does your state recover costs on behalf of the initiating state?

F7.1. Optional comments regarding recovery of initiating state's fees.

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?

T.C.A. Section 36-5-2201 T.C.A. Section 20-2-214
For Additional Information - No Link Provided

F9. Does your state establish, enforce, or modify spousal maintenance orders?

Yes

F9.1. If yes, under what circumstances?

Tennessee will only enforce spousal maintenance orders. Establishment and modification of spousal support are not IV-D functions. Spousal support is only enforced in conjunction with child support.

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, AT-11-07)

F10.1. Optional comments regarding required information on spouse or partner.

F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?

The fee is collected after distribution of $500 from any source in the federal annual period (October 1st through September 30th). The fee is assessed per case, not per custodial parent. The fee is assessed on arrears-only cases as well as on cases that include a current support obligation.

F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?

Yes

F11.2 Does your state collect the fee from the person applying for IV-D services?

See response to F11 above.

F11.3. Does your state collect the fee from the absent parent?

F11.4. Does your state pay the fee out of its own funds?

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?

October 1, 2009

F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?

Tennessee already passes through up to the Unmet Need amount on all current assistance cases.

F14. Does your state participate in the pass-through in former assistance cases?

F14.1. If yes, provide the date.

F15. Will your state discontinue eligible assignments under the DRA of 2005?

F15.1. If yes, list the eligible assignments your state would discontinue.

F15.2. When will your state discontinue each type of assignment?

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?

Yes. TN will continue distributing arrearages in Former Assistance cases using the PRWORA distribution rules.

F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?

We currently will do a termination of the support order for the court-order payee and file a new action to set support for the different payee.
For Additional Information - No Link Provided

F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?

For Additional Information - No Link Provided

F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?

If the payee applies for services, we will do a termination of the support order for the court-order payee and file a new action to set support for the different payee.
For Additional Information - No Link Provided

F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?

See F11

F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **

F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **

Not applicable.

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?

Veterans Administration benefits (VA) are generally not subject to income withholding, however, these benefits are used to determine a support obligation. Other income such as means tested income, i.e. Supplemental Security Income (SSI), Families First/Temporary Assistance for Needy Families (TANF), and Food stamps are not considered in calculating a support obligation or subject to withholding.
For Additional Information - No Link Provided

G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?

Yes

G2.1. If yes, what are those limits?

Withholding shall not exceed fifty percent (50%) of the employees income after FICA, withholding taxes, and a health insurance premium, which covers the child(ren), is deducted. It is the employers responsibility to determine when the 50% level is met.

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?

The employer, person, corporation or institution which is ordered to pay an income assignment on behalf of an individual may charge the obligor parent an amount of up to five percent (5%) not to exceed five dollars ($5.00) per month to cover costs of complying with the order.
For Additional Information - No Link Provided

G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?

No later than the first pay period occurring within 14 working days after the date of the Income Withholding Order.

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?

Payments must be sent to TN Child Support State Disbursement Unit (SDU) within 7 working days of the withholding date.

G6. 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, civil penalties may be assessed against the employer. This is a last resort measure.

G7. What is the penalty to an employer for failure to remit payments withheld?

Pursuant to T.C.A. Section 36-5-501(p), if any employer, etc. fails or refuses to comply with the requirements of this section, then that employer, etc. is liable for any amounts up to the accumulated amount that should have been withheld. In addition, that employer, etc. may be subject to a civil penalty to be assessed and distributed pursuant to a further section of this statute.
For Additional Information - No Link Provided

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?

G8.1. Explain your process for receiving direct withholding orders across state lines.

For Additional Information - No Link Provided

G8.2. What documents are required to intercept UI benefits?

Notice of Withholding Order

G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?

Yes

G9.1. Optional comments regarding direct withholding of WC benefits across state lines.

Worker's Compensation claims should be sent to the employer for proper notification to their Worker's Compensation insurance carrier.

G10. 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, if used.

G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.

If the employer receives more than one order of income assignment against an individual, the employer must comply by giving first priority to all orders for amounts due for current support due a child, second to all orders for amounts due for arrearages due a child, third to all orders for amounts due for current support due a spouse, and fourth to all orders for amounts due for arrearages due a spouse pursuant to T.C.A. Section 36-5-501(j)(2)(A).

G11.1. 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

G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.

For Additional Information - No Link Provided

G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?

The mandatory deductions to arrive at net pay from gross pay when calculating disposable income are FICA, withholding taxes, and a health insurance premium that covers the child. Union dues or the employees health insurance premium that covers him/herself are not allowable deductions.

G13. When does your state require the employer to send notice of an employee's termination?

Employers are required to notify the department promptly whenever the employee is terminated. Notification should be sent to the office that issued the Income Withholding Order (IWO) when the employee terminates employment, or if income payments are terminated. The employer is also required to provide to that office the last known address of the employee/income recipient and the name and address of his/her new employer, or new source of income, if known. T.C.A. �36-5-501(a)(3)(C)(i) and T.C.A. �36-5-501(g)(2)
For Additional Information - No Link Provided

G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?

An employer shall notify the department promptly whenever the noncustodial parents employment is terminated. The statute does not speak directly to how long an employer should retain the IWO after termination of the employee.

G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?

G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?

Yes
For Additional Information - No Link Provided

G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which 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.
For Additional Information - No Link Provided

G18. 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.

G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?

Tennessee Child Support Enforcement System (TCSES) is not designed to collect another states arrears while actively enforcing a case for the collection of current support and/or arrears due to the custodial parent or collection of assigned arrears.

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

T.C.A. 36-5-501(j)(2)(A)
For Additional Information - No Link Provided

G21. Does your state's law require a signature on the income withholding order?

Yes

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?

Yes

H1.1. If yes, please explain.

Issues of custody and visitation are not addressed during IV-D proceedings.

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

Rebuttable presumption of parentage is established if genetic testing results show a statistical probability of ninety-five percent (95%) or greater. Citation: T.C.A. �24-7-112(b)(2)(B) An individual is conclusively presumed to be father of a child if genetic testing results show a statistical probability of parentage of ninety-nine percent (99%) or greater. Citation: T.C.A. �24-7-113(e)(3)
For Additional Information - No Link Provided

H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.

An unmarried mom and alleged father can complete the Voluntary Acknowledgment of Paternity form and unless rescinded, it is an establishment of paternity. It is considered a conclusive determination. The fathers name and information are entered on the birth certificate. Citation is T.C.A.� 24-7-113
For Additional Information - No Link Provided

H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?

01/01/1994

H4.1. Were acknowledgments prior to that effective date rebuttable?

Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.

For Additional Information - No Link Provided

H5. Does marriage constitute a rebuttable presumption of paternity?

Yes

H5.1. If yes, how is the presumption rebutted?

Paternity is rebuttable through genetic testing.
For Additional Information - No Link Provided

H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?

Yes

H6.1. If no, briefly explain.

Yes. Since July 1, 1994, a fathers name on a Tennessee birth certificate means paternity is conclusively determined.
For Additional Information - No Link Provided

H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?

July 1, 1994

H8. Does your state have any other paternity-related presumptions?

Yes

H8.1. If yes, briefly explain.

Consent in writing to be named the childs father on the birth certificate; Obligated to support the child under written voluntary promise or by court order; or The man receives the child into his home and openly holds the child as his natural child while the child is under the age of majority. Citation: T.C.A. � 36-2-304

H9. Does your state have a putative fathers' registry?

Yes

H9.1. If yes, what is the name of that entity?

TN Department of Childrens Services. Citation: T.C.A � 36-2-318
For Additional Information -

http://www.tn.gov/dcs/article/putative-fathers

H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?

Yes

H10.1. If yes, please describe any circumstances under which these fees may be waived.

Not applicable - no fees are waived
For Additional Information -

http://tn.gov/health/article/vr-fees

H11. Is common-law marriage recognized in your state?

H11.1. If yes, briefly describe the standard that defines common-law marriage.

H11.2. When did your current common-law standard go into effect?

H11.3. 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?

T.C.A. Section 36-5-2201 T.C.A. Section 20-2-214
For Additional Information -

http://www.michie.com/resources1.html

H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.

For Additional Information - No Link Provided

H14. Does your state recover genetic testing costs for another state?

H14.1. If yes, please explain.

In intergovernmental cases, if the IV-D agency requests paternity testing, federal regulations, 45 CFR 303.7(e), require the RespondingInitiating State to pay drawing and analyzing costs of the paternity tests.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?

The fathers name can be added to the birth certificate by submission of proper forms and fees to TN Office of Vital Records. Forms include: Voluntary Acknowledgment of Paternity, Subsequent Marriage of Parents, certified court order of adoption or certified court order of paternity/parentage. For additional information: http://tn.gov/health/article/vr-applications

H16. If there is more than one child with the same custodial party 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?

One set of documents should be sent with a paternity affidavit for each child.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Judicial process only to establish support obligation.

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?

I1.2. Under what circumstances would a judicial process would be used?

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.

For Additional Information -

http://www.michie.com/resources1.html

I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?

TN uses income shares where income of both parents is considered when calculating child support obligations. www.tn.gov/humanservices/topic/child-support-services
For Additional Information - No Link Provided

I3. What criteria for rebutting your presumptive guidelines have been established in your state?

If the court finds evidence sufficient to rebut the presumption, 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 which take into consideration the best interest of the child.
For Additional Information - No Link Provided

I4. Will your state establish support orders for prior periods?

Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?

In any action for retroactive child support filed on or after July 1, 2017, retroactive child support shall not be awarded for a period of more than five (5) years from the date the action for support is filed unless the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a longer time period of retroactive support is in the interest of justice is on the custodial parent. For action filed before July 1, 2017, retroactive support may be ordered from birth of the child, date of separation or any other time period at the discretion of the court based upon the facts of the case. Prenatal expenses may also be ordered at the discretion of the court.

I4.2. What information or documentation does your State require to proceed?

Documentation of income, cost of medical insurance, cost of child care expenses, proof of other dependents, cost of prenatal care expenses, if applicable, and proof of support provided for the child(ren) prior to the entry of the order.
For Additional Information - No Link Provided

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, specify those limitations.

I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?

Administrative Order for Parentage Test Administrative Order for Payment to be made on Arrears Administrative Order to Redirect Child Support Payments to State Disbursement Unit Administrative Order for Seizure of Asset Administrative Order for Modification of Current Support Administrative Action for Revocation of License, Passport Denial, Consumer Agency Credit Reporting, Treasury Offset Income Withholding Order National Medical Support Notice, if ordered judicially Administrative Subpoena Unemployment Insurance Intercept
For Additional Information - No Link Provided

I6. What is your state's statutory authority for the administrative process?

T.C.A. 36-5-801, et seq
For Additional Information - No Link Provided

I7. Is there a local state law that allows an interstate administrative subpoena?

T.C.A. 36-5-801
For Additional Information - No Link Provided

I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?

No.
For Additional Information - No Link Provided

I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?

No.

I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to 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 now be ordered, should the other state request an establishment or a modification?

The other state should ask for establishment of an order when the order has reserved child support. If the order has set the child support at zero, the other state should request a modification.

I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?

No.

I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?

No; a modification is needed in this scenario with a new packet to be submitted if the new custodial parent is requesting current support.

I14. What methods of personal service does your state use? **

Personal service is by the sheriff or a private contractor in counties where applicable.

I15. Does your state send and receive pleadings and documents electronically in international cases? **

I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **

Not applicable

I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **

Work and/or school related child care expenses, extra-curricular activities, health and dental insurance cost for the portion paid for the child(ren), recurring uninsured medical expenses, extraordinary expenses such as educational expenses for private or special schooling

I17. Please provide the relevant statutory or case law citation. **

TCA 36-5-101 et seq
For Additional Information - No Link Provided

I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **

Yes

I18.1 If yes, indicate the appropriate responses. **

The use of mediation, conciliation, or similar processes depends upon the facts of the case; however, it is encouraged in every child support case. An example of when this might not be used is when the case is marked as family violence.

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 per case, not per obligor.
For Additional Information - No Link Provided

J2.2. Where are your state liens filed?

Liens are filed by the Centralized Services FIDM Unit. Property liens are currently filed locally at the Register of Deeds office by each Judicial District

J2.3. Does your state charge a fee for filing a lien?

J2.4. If yes, please indicate the amount.

The State does not charge a fee to file Administrative Orders against Financial Institutions but, the Clerks and/or Register of Deeds charge a filing fee for liens filed against property. The fee varies 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 both administrative and judicial.

J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?

Both judicial and administrative

J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?

Notification must be sent to the NCP within 5 days of the issuance of the order of seizure

J4.2. Does your state's income withholding definition include amounts in financial institutions?

No
For Additional Information - No Link Provided

J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?

Yes

J4.3.1 If yes, who notifies the NCP, the state or the financial institution?

A Notice of Seizure is sent to the NCP within 5 days after an Administrative Order or Notice of Lien is sent. 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 delinquent dollar amount that makes an obligor eligible for asset seizure?

$500.00
For Additional Information - No Link Provided

J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?

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?

J5.4.1. If yes, provide the percentage.

J5.4.2. Is the percentage different for joint accounts?

J5.4.3. If yes, describe.

N/A

J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.

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 or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?

15 days beginning with the date printed on obligors Notice of Seizure of Assets.
For Additional Information - No Link Provided

J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?

A party can file a petition of appeal to the Department of Human Services in writing within fifteen (15) days after the entry date of the Initial Order. Within fifteen (15) days after a Final Order is entered or after the Initial Order becomes a Final Order, a party may file a petition for reconsideration of the Final Order.

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?

State Rule 1240-2-5-.13 (3) (a) states 1. Whether the identity of the persons involved are correct 2. Whether there is a mistake of fact involving the action of the department. 3. Whether the amount of the obligation is correct. 4. The extent of the obligor's interest in the assets. 5. Whether good cause exists to not seize, sell, levy, levy upon, distribute or otherwise dispose of all or a part of such assets.
For Additional Information - No Link Provided

J5.10. Is your state's complaint review process judicial, administrative, or both?

Both judicial and administrative

J5.11. What are your state's penalties for incorrect seizures?

None.

J5.12. Is the second challenge administrative, judicial, or both?

Both administrative and judicial

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?

In TN if the non-debtor is on the bank account with the NCP and can verify that the money in the account belongs solely to them we will review case for appropriate action.

J5.14. Is the freeze and seize operation in your state centralized or automated?

Currently all liens except property liens are automated and centralized

J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?

J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?

J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.

N/A
For Additional Information - No Link Provided

J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?

Yes
For Additional Information - No Link Provided

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?

Payment must be made within ten (10) calendar days of the signature date of the notice to remit payment
For Additional Information - No Link Provided

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. Describe any other administrative enforcement procedures your state may have.

Administrative- FIDM, credit bureau reporting, passport denial, treasury offset Administrative and Judicial - license revocation, liens, income assignmen

J8. Describe any other judicial enforcement procedures your state may have.

Judicial-civil contempt, criminal contempt Administrative and Judicial - license revocation, liens, income assignment

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?

None
For Additional Information - No Link Provided

J10. Which of your state's enforcement remedies are available without judicial actions?

FIDM, credit bureau reporting, passport denial, treasury offset, income assignments, liens, and license revocation

J11. Describe your state's procedures for registering and enforcing another state's order.

A Notice of Registration or Petition for Registration is filed with the court in the county where the respondent resides.

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.

Civil or criminal contempt actions can be filed once the order is registered.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?

J13.1. If yes, provide the statutory citation.

For Additional Information - No Link Provided

J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?

All obligors with an active IV-D case are reported to the credit bureaus.

J15. To which credit bureaus does your state report an obligor's child support information?

J16. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative

J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.

J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.

Tennessee currently does not accept or send AEI cases

J19. What documentation does your state require to proceed with an AEI request?

J20. What mandatory data elements does your state need to process AEI requests?

For Additional Information - No Link Provided

J21. Which additional data elements would aid your state in processing AEI requests?

J22. How many copies/sets of documents does your state require with an AEI request?

J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?

J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.

J25. What is the procedure for obtaining a certified copy of a court order?

Contact the court clerk directly. For a non-certified copy of a court order, submit a request to Central Registry.

J26. What is the procedure for obtaining a certified payment record?

Tennessee pay records are available to either party at https://apps.tn.gov/tcses/. To assist states with a more efficient method for obtaining an official pay record, the following statement has been added to each pay record to remove the need for certifying pay records: Pursuant to T.C.A. 24-7-121, this payment record may be used as legal evidence in a child support hearing. Financial activity may occur after printing which will not be reflected on this document. Any individual who knowingly alters, or who assists any individual to alter, any information obtained from this source and such altered information is utilized for the purposes of establishing, enforcing, or modifying child or spousal support or defending such actions, or for the purposes of defending or prosecuting any contempt action involving child or spousal support, commits a Class A. misdemeanor.

J27. Is there a cost for requesting a certified copy of a court order or payment record?

The court clerks may charge a fee for certified orders. There is no fee for the state pay record.

J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?

J29. What triggers a driver's license revocation?

$500 arrears balance and 90 day delinquency

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?

Yes

J29.2 If yes, what is the amount?

$500

J30. Under what conditions may a noncustodial party restore the driver's license?

The NCP can pay the arrears in full or negotiate a lump sum payment and enter an agreed order for payment of the remaining balance.

J30.1 What is the process for restoring a driver's license?

A release is submitted upon receipt of the arrears in full or the negotiated amount.

J31. Does your state allow temporary or conditional driver's licenses?

Yes

J31.1 If yes, what are the conditions?

The restricted license allows NCP to drive to work and school. Only attending school does not qualify NCP for a restricted license. NCP must work 30 hours per week or more and drive more than one mile to work and back.

J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.

Automatic semi-annual license revocation process

J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?

Yes

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?

Yes

J33.2 What is the dollar amount?

$150 TANF/FC and $500 Non TANF

J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?

J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?

J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?

J36.2 What is the dollar amount?

J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?

Yes

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?

J38.2 What is the dollar amount?

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

Yes

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?

3 years or at the request of either party See T.C.A. Section 36-5-103 (1)(A)
For Additional Information - No Link Provided

K2. Briefly describe your state's modification procedure.

Reviews are conducted when requested by the custodial parent (CP), noncustodial parent (NCP), or caretaker of a child or a review shall be conducted automatically every three (3) years for assignment of support cases. If there has been a change of circumstances for the CP, NCP, caretaker of a child, or the child(ren), then a modification or adjustment may be necessary prior to the three (3) year time period. An Income and Expense Affidavit is sent to both parties requesting the necessary documentation. Upon receipt of the documentation, a possible modification is determined if 15% variance (or 7.5% variance in low income provider cases) exists. If there is a 15% variance (or 7.5%, if applicable) then the order is modified either administratively or judicially.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?

See Response to K2.

K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

K4.1. The earnings of the obligor have substantially increased or decreased.

Yes

K4.2. The earnings of the obligee have substantially increased or decreased.

Yes

K4.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.

K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

Yes

K4.6. There has been a substantial change in childcare expenses.

Yes

K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

See Response to K2.

K5. Does your state have cost of living adjustments (COLAs) for orders?

K5.1. If yes, what index does your state use?

K6. How does your state credit SSA disability to current and past-due support?

For current support, Social Security Disability and Veterans Administration benefits are applied against the support obligation of a party.

K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.

K7.1. If yes, explain the circumstances?

K7.2. What is the statutory citation for your abatement law?

For Additional Information - No Link Provided

K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

Other than UIFSA referrals, Tennessee will accept Limited Service Requests. The documents required depend upon the service requested.
For Additional Information - No Link Provided

K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.

A Voluntary Acknowledgment of Paternity may be requested through a Transmittal 3 sent to TN Central Registry. For any other birth record, contact TN Vital Records Central Services Building 1st Floor 421 5th Avenue North Nashville, TN 37247 Ph. (615) 741-1763 FAX (615) 741-9860. See the following link for current fees associated with your request: https://www.tn.gov/health/section/vital-records

K8. What information does your state require to register an out-of-state order for enforcement/modification?

Registration of Foreign Support Order for Enforcement Child Support Enforcement Transmittal 1 Registration Statement (must be notarized) One certified and (2) copies of all orders Affidavit of Arrears Pay Records Registration of Foreign Support Order for Modification Child Support Enforcement Transmittal 1 Registration Statement (must be notarized) One certified and (2) copies of all orders Uniform Support Petition (must be notarized) General Testimony (must be notarized) Wage Verification

K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?

Yes

K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?

Current support plus arrears

K10. What circumstances will cause your state to end child support before the normal duration? **

The child emancipates before the normal duration; The child is no longer under the care of the custodial parent; The child marries; The child is adopted; The child has been removed from the family and is a civil ward of the state; or The child is deceased.

L. Payments

L1. Does your state define a lump sum payment?

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).

L1.2 Provide the statutory citation.

N/A
For Additional Information - No Link Provided

L2. Does your state law require employers to report lump sum payments?

L2.1 If yes, give the statutory citation or rule.

N/A
For Additional Information - No Link Provided

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?

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. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?

There is no timeframe due to employers are not required to report lump sum payments. However, if the employer voluntarily reports a pending bonus or severance pay, the state immediately issues a lien against the amount.

L6. Does your state use the income-withholding order to attach the lump sum payment?

L7. Does your state use the lien/levy process to attach lump sum payments?

Yes

L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?

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 warrants.

L8. What other documents does your state use to attach lump sum payments?

None

L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?

N/A

L9.1. If yes, what are those limits?

N/A

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?

No
For Additional Information - No Link Provided

L9.3. If yes, what are those limits?

N/A

L9.4. If no, what percentage is the employer required to withhold?

100%

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?

L10.1 If yes, would the employer only withhold for that period's obligation?

N/A

L11. Does your state have a direct deposit program?

Yes

L11.1 If so, specify the vendor.

Tennessee does not use a vendor for our Direct Deposits. The Tennessee Child Support Enforcement System (TCSES) is capable of sending ACH files to the bank account of the custodial parent.

L12. Does your state have a debit card program?

Yes

L12.1 If so, specify the vendor.

Xerox State & Local Solutions, Inc.

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?

L13.1 If so, are there fees involved?

This debit card is not asocial with any other state government program, however, there can be fees involved.

L14. What are the fees associated with using the card?

No fee for online access to card account information, Point of Sale purchases and online purchases, Teller assisted cash withdrawals (at any MasterCard Bank or Credit Union), Funds Transfer to a US bank account via IVR or Web Portal, and in network ATM Withdrawals (MoneyPass locations) Out of Network ATM withdrawals 2 free per month, $0.35 for each additional withdrawal ATM Balance Inquiry $0.50 each Card Replacement $5.00 Calls to Customer Service 4 calls free each month, $0.25 for each additional call

L15. How does your state collect child support payments from an obligor? **

If paying by mail, checks and money orders should be made payable to Tennessee Child Support and mailed to : State Disbursement Unit PO Box 305200 Nashville, TN 37229 Online payments are also accepted via automated withdrawal and Credit Card by going to https://tn.smartchildsupport.com Income Withholding Order from the employer of the obligor

L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **

Payments may be made by check or warrant

L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **

There are no certain actions to reduce the cost and fees as these payments are processed manually to assure proper receipt of the payments.

L18. Does your state process electronic payments in international cases? **

L18.1 If so, describe the process. **

N/A

L19. What is your state's International Bank Account Number (IBAN)? **

Tennessee does not have an IBAN.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information -

http://www.dol.gov/whd/regs/compliance/whdfs30.pdf

M1.1. Additional information on the CCPA.

For Additional Information -

http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm

M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?

M2.1. If yes, provide the statutory citation

N/A
For Additional Information - No Link Provided

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?

N/A
For Additional Information - No Link Provided

M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?

N/A

M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?

N/A

M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?

N/A

M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?

N/A

M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?

N/A

M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.

N/A
For Additional Information - No Link Provided

M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?

N/A

M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?

YES

M3.1. Provide the statutory citation.

T.C.A. Sections 36-5-501, 36-5-812, 36-5-901 et seq
For Additional Information - No Link Provided

M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?

IWO, Administrative Order and Notice of Lien

M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?

The Child Support enforcement agency is required to notify NCP.

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.

TCA Section 36-5-905
For Additional Information - No Link Provided

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.

Yes; 15 days from the date the Notice of Lien is sent to the non-custodial parent; TCA Section 36-5-1001. TCA 36-5-1001(c) The person seeking administrative review of the department's actions pursuant to subsection (a) shall file a written request with the department for an administrative hearing within fifteen (15) calendar days of the date of the notice of an administrative action pursuant to this part as defined by the department.
For Additional Information - No Link Provided

M6. Are there attorney fees associated with the insurance intercept activity?

M7. How does another state initiate and intercept collections from your state workers' compensation agency?

TN does not have a state workers compensation agency. Other states can send intercept requests directly to the workers compensation insurance carrier.

M7.1. What is the process, the points of contact, and what forms?

N/A

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)

N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?

N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)

N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)

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Tennessee State Law

A. General/Program-At-A-Glance

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C. Reciprocity

D. Age of Majority

E. Statute of Limitations

F. Support Details

G. Income Withholding

H. Paternity

I. Support Order Establishment

J. Support Enforcement

K. Modification and Review/Adjustment

L. Payments

M. Insurance Match

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