Tennessee State Law
1. General Program-At-A-Glance
| 1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
| 31 |
| 2. What is the name of your IV-D agency? |
| The Tennessee Department of Human Services Child Support Program |
| 3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
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Establishment is through the judicial process. A combination of administrative and judicial processes is used for enforcement actions (IWO, liens, tax offset, license revocation, et cetera). Modifications can be completed administratively or judicially.
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| 4. Does your state use the following applications: EDE, CSENET, QUICK? |
| Yes, Tennessee uses all 3 applications. |
2. Duration Of Support
| 1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
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When the child for whom an order of support has been entered has reached eighteen (18) years of age and has graduated from high school, or that the class of which the child is a member when the child reached eighteen (18) years of age has graduated from high school, termination of the order maybe sought, pending no other special circumstances such as a child being disabled. T.C.A. 36-5-101(g)(5)
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| 2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
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When the child for whom an order of support has been entered has reached eighteen (18) years of age and has graduated from high school, or that the class of which the child is a member when the child reached eighteen (18) years of age has graduated from high school, termination of the order maybe sought, pending no other special circumstances such as a child being disabled. T.C.A. 36-5-101(g)(5)
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| 3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
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No
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| 4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
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Yes. Courts may continue child support beyond a child's minority for the benefit of a child who is handicapped or disabled, as defined by the Americans with Disabilities Act, compiled in 42 U.S.C.  12101 et seq., until such child reaches twenty-one (21) years of age. T.C.A. 36-5-101(k)(1)
If the child is severely disabled and living under the care and supervision of a parent, and the court determines that it is in the child's best interest to remain under such care and supervision and that the obligor is financially able to continue to pay child support, the court may require the obligor to continue to pay child support for such period as it deems in the best interest of the child;  provided that the child was disabled before (18) years of age and if the child remains severely disabled at the time of entry of a final decree of divorce or legal separation, then the court may order child support regardless of the age of the child at the time of entry of the decree. T.C.A. 36-5-101(k)(2)
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| 5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
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Children who are emancipated by marriage, court order, or in any other way recognized by law in the state have all the rights and responsibilities of adults under this title, except to the extent those rights are restricted by court order. The parent of an emancipated child shall be treated as the parent of an adult under all provisions of this title that give parents rights or responsibilities with respect to the child.
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| 6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
| It does not; the order will continue until the child reaches eighteen (18) in this scenario. Although a new custodial parent may need to be named. |
| 7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
| A child support obligation will not automatically change when a child emancipates when there are additional minor children on the case. A review of the case may be initiated by the TDHS Child Support offices to determine the appropriate support obligation for the remaining minor child(ren). |
| 8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
| Yes. Courts may continue child support beyond a child's minority for the benefit of a child who is handicapped or disabled, as defined by the Americans with Disabilities Act, compiled in 42 U.S.C.  12101 et seq., until such child reaches twenty-one (21) years of age. T.C.A. 36-5-101(k)(1) If the child is severely disabled and living under the care and supervision of a parent, and the court determines that it is in the child's best interest to remain under such care and supervision and that the obligor is financially able to continue to pay child support, the court may require the obligor to continue to pay child support for such period as it deems in the best interest of the child;  provided that the child was disabled before (18) years of age and if the child remains severely disabled at the time of entry of a final decree of divorce or legal separation, then the court may order child support regardless of the age of the child at the time of entry of the decree. The local IV-D office can send a termination of IWO. T.C.A. 36-5-101(k)(2) |
3. Statute Of Limitations
| 1. What is your state's statute of limitations for the collection of past-due support? |
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There is no statute of limitations on enforcement of past due child support in Tennessee (T.C.A. 36-2-321).
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| 2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
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An action to establish the paternity/parentage of a child may be instituted until three (3) years beyond the child's age of majority. T.C.A. 36-2-306
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| 3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
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Tennessee law does not address dormancy revival.
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4. Support Details
| 1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
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Tennessee calculates Child Support using an Income Shares Model (Guidelines).
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| 2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
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Orders must include a determination for the arrears balance and a payment must be set to reduce any accumulated arrearage within a reasonable period of time.
If the full amount of the child support obligation is not paid by the date when the support obligation is due, the unpaid amount becomes arrears. Arrears may accrue interest if ordered by the court.
Up to April 16, 2017, interest may be calculated at twelve percent (12%). Effective April 17th, 2017, the Child Support Program cannot calculate interest on past-due support unless a court makes a written finding that it shall continue to accrue. The court still has the discretion to add interest to child support arrears up to four percent (4%) per year. T.C.A. 36-5-101(f)(1).
On or after July 1, 2018, interest shall not accrue on arrearages in Title IV-D cases unless the court makes a written finding that it shall continue to accrue. The court has the discretion to order interest to child support arrears up to six percent (6%) per year.
Interest on arrears may be included in a debt compromise agreement between the custodial and noncustodial parent.
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| 3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
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Interest on Title IV-D cases only accrues when the court makes a written finding that interest shall accrue. The rate will then be no more than 6 percent.
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| 4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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Yes. Up to April 16, 2017, interest may be calculated at twelve percent (12%). Effective April 17th, 2017, the Child Support Program cannot calculate interest on past-due support unless a court makes a written finding that it shall continue to accrue. The court still has the discretion to add interest to child support arrears up to four percent (4%) per year. T.C.A. 36-5-101(f)(1).
On or after July 1, 2018, interest shall not accrue on arrearages in Title IV-D cases unless the court makes a written finding that it shall continue to accrue. The court has the discretion to order interest to child support arrears up to six percent (6%) per year.
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| 5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
| Yes, for the payments of medical expenses that are recurring or not covered by health insurance, such as co-payments, deductibles, and uncovered expenses pursuant to the court order. |
| 6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
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We require a new support order. We do not automatically redirect payments due to a change in placements. If it is a foster care case, our office will stop the current support and the case will become arrears only. If the child is located out of state, the caregiver would need to apply for services in the state of residence. Once the other state contacts us, we would terminate our order and have an arrears only case. An initiating state would be required to send a packet to Tennessee requesting establishment of a new order.
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| 6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
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It does not matter.
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| 7. 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? |
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Tennessee does not.
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| 8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
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If a child to be supported under the order receives social security benefits on the account of the parent who will pay support, the payments are considered child support from the NCP. For child support obligation amounts calculated that are equal to or less than the Social Security benefits received by the child, no action is needed after calculation. For child support obligation amounts calculated that are greater than the Social Security benefits received by the child on behalf of the NCP, the ordered obligation will be the overage amount.
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| 9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
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Yes, Tennessee allows for adjustment for parenting time in cases of: Fifty-Fifty / Equal-Parenting, Fifty-Fifty / Equal-Parenting Combined with Split Parenting, Fifty-Fifty / Equal-Parenting Combined with Standard Parenting, and Average Parenting Time. If the ARP spends ninety-two (92) or more days per calendar year with a child, or an average of ninety-two (92) days with all applicable children, a modification may be completed. State Rule 1240-02-04-.04
The Court could deviate from the Guidelines due to various circumstances such as cost of transportation, et cet. Tennessee Rules &Regulations 1240-02-04-.07
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5. Paternity/Parentage
| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
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Yes. Issues of custody and visitation are not addressed during IV-D proceedings. T.C.A. 36-2-312
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| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
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Rebuttable presumption of parentage is established if genetic testing results show a statistical probability of ninety-five percent (95%) or greater. 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.
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| 3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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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
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| 4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
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Yes. Paternity is rebuttable through genetic testing.
T.C.A. 68-3-203
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| 5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
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Yes.
T.C.A. 36-2-304
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| 6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
| Yes. Consent in writing to be named the child(s) 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. |
| 7. What, if any, is the agency name and link for your state's putative fathers' registry? |
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TN Department of Childrens Services
https://www.tn.gov/dcs/program-areas/foster-care-and-adoption/adoption-records/alleged-putative-fathers.html
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| 8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
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TN Department of Childrens Services
https://www.tn.gov/dcs/program-areas/foster-care-and-adoption/adoption-records/alleged-putative-fathers.html
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| 9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
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Yes. Please visit our Office of Vital Records at:
Vital Records (tn.gov)
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| 9.1. Describe any circumstances under which these fees may be waived? |
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Tennessee Vital Records does not waive fees. The State Registrar determines the cost, including staff time, computer time, copying cost, and supplies. Additional information, including fees, can be found here: Tennessee State Rules and Regulations 1200-07-01-.13 Fees for Copies and Searches
Vital Records (tn.gov)
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| 10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
| No. |
| 11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
| N/A |
| 12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
| One set of documents should be sent with a paternity affidavit for each child. |
6. Support Order Establishment
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
| Judicial process only to establish support obligation. |
| 1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
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N/A
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| 1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
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N/A
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| 2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
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TN uses income shares where income of both parents is considered when calculating child support obligations.
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| 2.1. What documentation is required as proof/evidence of this information? |
| Documentation of income such as check stubs, W-2s, tax returns, et cet., cost of medical insurance, cost of childcare 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. See Tennessee Rules and Regulations 1240-02-04-.04 Determination of Child Support. |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
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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 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.
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| 4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
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Yes. (i) In any action for retroactive child support filed on or after July 1, 2017, retroactive child support can be awarded be awarded for up to 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 of proof to show that a longer time period of retroactive support is in the interest of justice is on the custodial parent. Good cause includes, but is not limited to, the following:
(a) The noncustodial parent deliberately avoided service or knowingly impeded or delayed the imposition of a support obligation;
(b) The noncustodial parent used threats, intimidation, or force to prevent or delay the imposition of a support obligation; or
(c) The custodial parent reasonably feared that the establishment of parentage would result in domestic abuse, as defined in T.C.A.  36-3-601;
T.C.A. 36-2-311
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| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
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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.
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| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
| Yes. |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
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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.
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| 5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
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No.
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| 5.1. What about when public assistance is not being expended? |
| No. |
| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
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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.
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| 7. 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 custodial parent obtain legal custody before child support is addressed? Please describe. |
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No.
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7. Income Withholding
| 1. What are specific sources of income not subject to withholding? |
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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.
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| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
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Yes. The amount withheld for support may not exceed fifty percent (50) of the employee/income recipient net wages or other income. For the purpose of income withholding, an individual net income is defined as the amount remaining after deductions for FICA, withholding taxes, and health insurance premiums that cover the child(ren) have been made. It is the employer responsibility to determine when the 50 percent level is met. T.C.A. 36-5-501(a)(1)
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| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
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No.
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| 2.2. What are the withholding limits for non-employees? |
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The withholding limits for non employees are the same as employees. Per T.C.A. 36-5-501(k)(1), an employer, person, corporation or institution, who or which may be required to withhold income, includes the federal government, the State, and any political subdivision thereof and any other business entity that has in its control funds due to be paid to a person who is obligated to pay child support
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| 3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
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The employer may charge the employee or other recipient of income an amount of up to five percent , not to exceed five dollars per month, for costs in complying with this order. Tennessee Rules and Regulations 1240-02-05-.05(9).
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| 4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
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No.
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| 5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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Yes. The Income Withholding for Support, also referred to as an Order for Income Assignment, Income Assignment, Income Assignment Order, or Assignment, must be implemented no later than fourteen (14) calendar days after the date noted at the top-right portion of that form, the date of personal service, or the other date of any other form of transmission of this notice. Tennessee Rules and Regulations 1240-02-02-.05(1)
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| 5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
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The Income Withholding for Support, also referred to as an Order for Income Assignment, Income Assignment, Income Assignment Order, or Assignment, must be implemented no later than fourteen (14) calendar days after the date noted at the top-right portion of that form, the date of personal service, or the other date of any other form of transmission of this notice. Tennessee Rules and Regulations 1240-02-02-.05(1)
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| 6. When must an employer remit amounts withheld from an employee's pay? |
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Payments must be sent to TN Child Support State Disbursement Unit (SDU) within 7 working days of the withholding date. Tennessee Rules and Regulations 1240-02-02-.05(2)
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| 7. What are your state's sanctions for employers for not implementing income withholding? |
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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.
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| 7.1. What are the penalties to an employer for failure to remit payments withheld? |
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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.
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| 8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
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Yes. Income Withholding Order may be sent to TDLWD ES Legal 220 French Landing, 3B, Nashville, TN 37243 or by fax to 615-532-7386.
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| 8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
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N/A
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| 9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
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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. Regarding Workers Compensation, direct income withholding can be sent to an obligor's employer who will forward it to its Workers Compensation insurance carrier.
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| 9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
| N/A |
| 10. How does a noncustodial parent contest an income withholding in your state? |
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Appeal for Fair Hearing process within 15 days of date of notice or date of personal service, if used
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| 11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
| 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). |
| 12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
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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 or herself are not allowable deductions.
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| 13. When does your state require the employer to send notice of an employee's termination? |
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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)
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| 14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
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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).
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8. Distribution
| 1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
| Tennessee already passes through up to the Unmet Need amount on all current assistance cases. |
| 2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
| No. |
| 3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
| Yes. Tennessee will continue distributing arrearages in Former Assistance cases using the PRWORA distribution rules. |
| 4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
| Currently, our system does not have this capability. |
| 4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
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Currently, our system does not have this capability.
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9. Enforcement
| 1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
| AEI is not used in Tennessee. |
| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
| N/A |
| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
|
All qualifying NCPs with an active support obligations or arrears balances are reported to credit bureaus.
For Additional Information - No Link Provided |
| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
| We report to all the major credit bureaus which are TransUnion, Equifax, Experian, and Innovis. |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
| Administrative. |
| 6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
| He or she will need to contact the Centralized Services Unit at the State office in Nashville, TN at (615) 313-4880. |
| 7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| Yes. One hundred fifty dollars(150) TANF/FC and five hundred dollars for (500) Non TANF. |
| 8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| No. |
| 9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| Yes, five hundred dollars (500). |
| 10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| No. |
| 11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
| Yes, five hundred dollars (500). |
| 12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
| No. |
| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
| No. |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
| Both. |
| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
|
No accounts are exempted.
For Additional Information - No Link Provided |
| 16. Is the financial institution attachment process in your state centralized and/or automated? |
| Currently all liens except property liens are automated and centralized. |
| 17. What are the criteria to attach an account in a financial institution in your state? |
| An arrears balance of five hundred dollars (500) or more. |
| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
|
No.
For Additional Information - No Link Provided |
| 19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
| The request should be sent to Centralized Services FIDM unit at Cemtralized.Services.liens.dhs@tn.gov if there is an existing two-state case. (We do not do liens in TN if we do not have an existing two state case.) |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
|
No.
For Additional Information - No Link Provided |
| 21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
|
Yes. 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.
For Additional Information - No Link Provided |
| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
|
Banks can hold the money indefinitely, until we submit a notice of remit of funds and then they have 10 days to submit the funds. There is no specific timeframe required; after the financial institution or property holder has received the information from DHS that all due process procedures have been completed or waived in any manner, property/funds are due and payable.
For Additional Information - No Link Provided |
| 23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
|
Yes. The order shall direct the person or entity to hold or encumber, subject to any due process procedures provided to the obligor, all assets of any kind of the obligor who is subject to the order, pending the outcome of the administrative due process procedures provided by this Chapter. Banks are required to hold funds for 20 days to allow for the appeal period. State Rule 1240-02-05-.06.
For Additional Information - No Link Provided |
| 24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
|
Up to 100 percent are eligible for attachment. No, all jointly held assets are considered wholly available to the NCP.
For Additional Information - No Link Provided |
| 25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
|
15 days beginning with the date printed on obligors Notice of Seizure of Assets.
For Additional Information - No Link Provided |
| 26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
|
No.
For Additional Information - No Link Provided |
| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
|
Five hundred dollars (500) arrears balance and 90-day delinquency.
For Additional Information - No Link Provided |
| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
| 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. |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
| Yes. 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. T.C.A. 36-05-714 |
| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
| 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. Trade, occupational, or professional licenses(certifications) of any kind can be suspended or revoked. To revoke or suspend an attorney professional law license, a different process can be taken through the Tennessee Board of Professional Responsibility. |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
| 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. There are other criteria which must be followed for an attorney law license (see answer for number 30 of this section). |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
| No. |
| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
| Five hundred dollars (500) arrears balance and 90 day delinquency. The same criteria as the driver license, hunting, fishing and boat licenses. |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
| 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. |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
|
No.
For Additional Information - No Link Provided |
| 36. What are the criteria for initiating/filing a lien in your state? |
|
An arrearage of five hundred dollars (500) or more per case, not per obligor.
For Additional Information - No Link Provided |
| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
| Lien processes are primarily administrative and occasionally judicial. Administratively, local offices file liens on personal property and real estate, and Centralized Services files liens on bank accounts, financial institutions, and proceeds from lawsuits such as personal injury, with assistance from local office attorneys as needed. Judicially, we may include the lien on the property of the obligor in a court order for a pending action. |
| 38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
|
Yes. Property seizures are both administrative and judicial.
For Additional Information - No Link Provided |
| 39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
| N/A, TN does not have a state income tax. |
| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
| Yes. Lottery winnings |
| 40.1. If yes, is this enforcement judicial, administrative, or both? |
| Administrative only. |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
| What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
| Judicial-civil contempt, criminal contempt Administrative and Judicial - license revocation, liens, income assignment. |
10. Modification And Review/Adjustment
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
|
Tennessee reviews IV-D cases every 3 years, or at the request of a party in the case, or when Tennessee becomes aware of a change in circumstances in the case. TCA 36-5-101
For Additional Information - No Link Provided |
| 2. What is your state's modification procedure? Briefly describe. |
|
Upon a review, if a significant variance has been met (15% change in the amount of support), the child support amount can be changed, either administratively or judicially. Income of the parties, cost of health insurance, cost of child care expenses, parenting time, et cetera, are reviewed to determine if a child support obligation should be modified.
For Additional Information - No Link Provided |
| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
|
Criteria include, but are not limited to, a significant variance of fifteen percent (15) income from either parent, either parent in incarcerated for 180 days or more, a new child or change in children in the CP or NCP case, changes in health insurance coverage for the child(ren), child care cost changes, emancipation of a child on the case, changes in parenting time, death of a child, CP/NCP begins receiving Social Security payments.
For Additional Information - No Link Provided |
| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
|
See 4.1 through 4.7 below.
For Additional Information - No Link Provided |
| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
| Yes. |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
| Yes. |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
|
Yes.
For Additional Information - No Link Provided |
| 4.4. The cost of living has changed. |
| No. |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
| Yes. |
| 4.6. There has been a substantial change in childcare expenses. |
| Yes. |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
|
Criteria include, but are not limited to: a significant variance of fifteen percent (15) income from either parent, either parent in incarcerated for 180 days or more, a new child or change in children in the CP or NCP case, changes in health insurance coverage for the child(ren), child care cost changes, emancipation of a child on the case, changes in parenting time, death of a child, CP/NCP begins receiving Social Security payments.
For Additional Information - No Link Provided |
| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
| No. |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
|
Yes.
For Additional Information - No Link Provided |
11. Lump Sum Payments
| 1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
|
Tennessee does not have a definition for lump sum.
For Additional Information - No Link Provided |
| 2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
No.
For Additional Information - No Link Provided |
| 3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
| For treasury offset payments, Tennessee submits a list to the Treasury of NCPs that have arrearages of one hundred fifty dollars (150) or more (TANF) cases or five hundred (dollars 500) or more (non-TANF cases). If an NCP on the list is scheduled to receive a refund, the Treasury intercepts the payment and sends to the Child Support program to be applied to arrears. |
12. Cost Recovery And Fees
| 1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
| No. |
| 1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
| N/A. |
| 2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
| No. |
| 3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
| Tennessee collects thirty five dollars (35) each federal fiscal year that at least five hundred fifty dollars (550) has been collected on each case, in the following circumstances: the case has never received TANF benefits, or the case is a non-IV-E foster care case. |
| 3.1. Is it retained by the state from support collected? |
| Yes. |
| 3.2. Is it paid by the individual applying for child support services? |
| No. |
| 3.3. Is it recovered from the noncustodial parent? |
| No. |
| 3.4. Is it paid by the state out of its state funds? |
| No. |
13. Insurance Match
| 1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
|
No.
For Additional Information - No Link Provided |
| 2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program? |
| N/A |
| 3. What process does your state use to intercept insurance payments? |
|
IWO, Administrative Order and Notice of Lien
For Additional Information - No Link Provided |
| 4. How does another state initiate and intercept collections from your states 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.
For Additional Information - No Link Provided |
| 5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
| Yes. |
14. Family Violence
15. CSENet
| 1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
| Yes. |
| 2. When your state is the responding state, does it 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)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
| Yes. |
| 3. When your state is the initiating state, does it 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; 45 CFR 303.7(c)(12).) |
| Yes. |
| 4. When your state is the responding state, does it 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; 45 CFR 303.7(d)(9).) |
| Yes. |
| 5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
| No. |
| 6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
| No. |
16. Copies Of Orders And Payment Records
| 1. What are the procedures and associated costs 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.
For Additional Information - No Link Provided |
| 2. What are the procedures and associated costs 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. If a party to the case has the FVI, the online pay record will not be available to that party. A request for a certified payment record should then be submitted to Central Registry. There is no cost for this request.
For Additional Information - No Link Provided |
17. Uniform Interstate Family Support Act (UIFSA)
| 1. What is the statutory citation for your state's enactment of UIFSA? |
|
T.C.A. 36-5-2001-2902; 36-5-501
For Additional Information - No Link Provided |
| 2. How does your state define the tribunal (See UIFSA 103)? |
|
A court, administrative agency, or quasi-judicial entity that is authorized to establish, enforce, or modify support orders or to determine parentage. (The Court, administrative agency, or quasi-judicial agency authorized to establish or modify support orders or to determine parentage.
For Additional Information - No Link Provided |
| 3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically? |
| 2 sets of documents if sent by postal service. |
| 4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)? |
| For intergovernmental forms not received through EDE, one-sided format is required. |
18. International - Reciprocity
| 1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
| None. |
| 2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
| No. |
| 3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
| Yes. 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).) |
19. International Information For Hague Convention Countries
| 1. 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.
For Additional Information - No Link Provided |
| 2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically. |
| No. |
| 3. What methods of personal service does your state use? |
| Personal service is by the sheriff or a private contractor in counties where applicable. |
| 4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.) |
|
Work and/or school related childcare 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
For Additional Information - No Link Provided |
| 5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe. |
| Yes. 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. |
| 6. 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.
For Additional Information - No Link Provided |
20. International Payments
| 1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
| Payments are made by check to the initiating country. If the initiating country is unable to accept checks, a debit card is issued to the custodial parent. An updated pay record is then provided to the initiating country periodically and upon request. |
| 2. 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. |
| 3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
| No. |
21. Tribal Non IV-D
| 1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
| No. |
| 1.1. If yes, list the tribes and identify services provided, if less than full services. |
|
For Additional Information - No Link Provided |
| 2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
| No. |