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
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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 first effective date of the Uniform Interstate Family Support Act (UIFSA) in your state?
7/1/1997
B2. What is the statutory citation for your state's UIFSA?

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B3. What version of UIFSA is currently in effect in your state?
TCA Section 36-5-2001
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B3.1. When was the current version put into effect?
B4. 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 reciprocate for child support enforcement?
Norway, Hungary, Jamaica, Australia, Germany, United Kingdom, France, Puerto Rico, Ireland, Poland, Netherlands, England, Slavic Republic and Canada (Ontario, Brunswick, Northwest Territories, Manitoba, Nova Scotia, Newfoundland, Yukon Territory, Prince Edward Island, Saskatchewan),Sweden
C1.1. Does your state exercise its option to enforce spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.

D. Age of Majority

D1. What is the age of majority in your state?
18 years of age, unless child is still in high school; 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 34-11-102
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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?
No
D4.1. If yes, please explain.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (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?
No
D7.1. If yes, please describe the procedure.

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past due support?
(TCA Section 36-2-321) Judgment for child support payments for each child subject to the order for child support pursuant to this part shall be enforceable without limitation as to time. The law is not retroactive.
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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.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.

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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
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F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.

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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
Tennesse uses 12% simple interest.
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F5. Will your state enforce a medical debt for 50% of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
If there is a judgment or specific dollar amount in order, we would enforce.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
none
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
none
F7. Does your state recover costs on behalf of the initiating state?
No
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
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Establish - not a IV-D function Enforce - only in conjunction with child support order Modify - not a IV-D function
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, 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?
TN only collects the mandatory annual fee for IV-D cases in which the custodial parent has never received TANF benefits (called Families First in TN), and only after the State has collected $500 in the annual period (October 1st through September 30th). In addition: The fee is assessed per case, not per custodial parent. For interstate cases, the initiating state will always assess the fee. The fee is withheld from payments the State receives for the case from any source. (IRS payments, FIDM collections, lottery collections, etc.) 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. In TN the custodial parent is responsible for paying this fee. The State retains the next $25 paid by an NCP after that NCP has paid $500 in an annual period. The NCP receives full credit for the amount he/she pays in child support and the custodial parent receives the amount paid minus the fee the State has collected.
F11.2 Does your state collect the fee from the person applying for IV-D services?
We collect the fee from the custodial parent.
F11.3. Does your state collect the fee from the NCP?
NO
F11.4. Does your state pay the fee out of its own funds?
NO
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. This will not change.
F14. Does your state participate in the pass-through in former assistance cases?
NO
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?
N/A
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
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?

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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?

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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?

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

G. Income Withholding

G1. What specific source of income is not subject to withholding?
None.
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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?
The amount withheld must not exceed 50% after FICA, withholding taxes and health insurance, which covers the child.
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
5% not to exceed $5.00 per month.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Within 2 business days.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 days of the date the employee is paid.
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, contempt proceeding are initiated. This is a last resort measure.
G7. What is the penalty to an employer for failure to remit payments withheld?
T.C.A. Section 36-5-501 (c) (1) (h) states an employer shall be subject to fine for a Class C misdemeanor if the income assignment is used as a basis to refuse to employ a person or to discharge the obligor/employee or for any disciplinary action against the obligor/employee or if the employer fails to withhold from the obligor's income or to pay such amounts to the clerk or to the Department as may be directed by the withholding order.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
Yes
G8.1. Explain your process for receiving direct withholding orders across state lines.
The Notice of Withholding Order should be sent to Tamika Jones with the Labor and Workforce. (615-532-2354)
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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 who in turn sends 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.
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.
Income withholding takes priority over any other assignment except tax debts.
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.

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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?
no
G13. When does your state require the employer to send notice of an employee's termination?

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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?
n/a
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
no
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
no
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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. TN accepts direct income withholding for UI benefits from other states: FEIN: 62-6001445 CONTACT: Linda Wyman Fax: (615)253-4649 ADDRESS: TN Dept of Labor and Workforce 10th Floor, Davy Crockett Tower 500 James Robertson Pkwy Nashville, TN 37245-2400
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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.
Payments are applied first to current child support, then to current medical support.
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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?
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

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

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.
Can be addressed at hearing; but, not by IV-D attorney
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99%
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.

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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
01/1994
H4.1. Were acknowledgments prior to that effective date rebuttable?
No
H4.2. Optional comments regarding paternity acknowledgments prior to that date.

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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
If parties marry after child is born, it is considered legal. If married and natural father is there, all parties may sign affidavit as to legal father through court action.
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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.
Since 1994, father's name on birth certificate means paternity is conclusively determined.
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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?
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
None.
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
Although TN does not recognize common-law marriages, if common-law law marriage is recognized in state in which it was contracted, it will be recognized.
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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
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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.

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H14. Does your state recover genetic testing costs for another state?
H14.1. If yes, please explain.
1994
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
A paternity affidavit for each child should be sent.
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?

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial process.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
I1.2. Under what circumstances 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.
n/a
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I2. In setting support under your state┐s guidelines, whose income is considered in addition to the NCP┐s (for example, new spouses or children)?
None.
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I3. What criteria for rebutting your presumptive guidelines havebeen established in your state?
If the court finds evidence sufficient to rebut, the court must make a written or specific finding that application of the guidelines would be unjust or inappropriate in the particular case. Findings that rebut must state the amount that would have been required under guidelines and include justification for duration which takes into consideration the best interest of the child.
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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)?
(T.C.A. Section 36-2-311(a)(11) and 36-5-101(e)(1)). Code presumes retroactive support should be set to the date of the child's birth or set to the date of the parents' separation or divorce. If rebutted by clear and convincing evidence the retroactive support date can vary.
I4.2. What information or documentation does your State require to proceed?
Documentation of income or amount will be imputed.
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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.
Based upon individual's ability to pay.
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?
1. Issue administrative subpoenas. 2. Issue Notice of Lien. 3. Issue Administrative Order for payments to be made on arrears. 4. Issue Request for Information for child support enforcement. 5. Issue Administrative Order to NCP or employer to redirect child support payments to State's Centralized Collection Unit. 6. Issue Notice of Redirect Child Support Payments to State's Centralized Collection Unit. 7. Issue Notice of Civil Penalty for failure to comply with the Request for Information for child support enforcement. 8. Issue Notice of Seizure of Asset. 9. Issue Administrative Order for Seizure of Asset. 10. Issue Administrative Order for Parentage Test. 11. Issue Notice to Applicant or Recipient of Child Support Services to inform the recipient of the notice that the IV-D attorney assigned to the Child Support case does not represent that individual but represents only the State of TN. 12. Issue Petition to Enforce Administrative Order. 13. Issue Petition to Enforce Administrative Subpoena. 14. Issue Administrative Order for Modification of Current Support. 15. Conduct administrative review of appeals regarding administrative actions. Yes.
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I6. What is your state's statutory authority for the administrative process?
T.C.A. 36-5-808
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I7. Is there a local State law that allows an interstate administrative subpoena?
T.C.A. 36-5-801
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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?

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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?
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.
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?
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?

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, administrativem, or both?
Both judicial and administrative.
J2.1. What are the trigger criteria for filing a lien?
An arrearage of $500 or more.
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J2.2. Where are your state liens filed?
Locally.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
The State does not charge a fee, but the county Clerk of Court and Register of Deeds may charge a filing fee. The amount is unknown. This may vary from county to county.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Property seizures are administrative. The Tennessee Department of Revenue procedures control the sale of seized property.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative
J4.1. When must 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?
When the case is established and a support order is entered.
J4.2. Does your state's income withholding definition include amounts in financial institutions?

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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?
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
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
No defined time period. The freeze remains in effect until the State notifies the financial institution to remit the funds or release the lien.
J5.3.1. If yes, please provide the time frame.
N/A
J5.4. Are only a certain percentage of the obligor┐s financial assets eligible for freeze and seize?
Yes
J5.4.1. If yes, provide the percentage.
100% Savings Account Balance 50% Checking Account Balance
J5.4.2. Is the percentage different for joint accounts?
No
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.
NO
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
N/A
J5.7. How long does the obligor 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.
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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?
N/A
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
1. The correctness of the identity of the person(s)against whom the administrative action is directed. 2. Whether there is a mistake of fact involving the action of the department. 3. The correctness of the amount of the obligation. 4. The extent of the obligor's interest in the 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.
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J5.10. Is your state┐s complaint review process judicial, administrative, or both?
Administrative.
J5.11. What are your state's penalties for incorrect seizures?
None.
J5.12. Is the second challenge administrative, judicial, or both?
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
15 days from date of notice. No unique requirements. No recourse for non-debtor (financial institution sends notice to non-debtor, IV-D agency will hear complaint if asked).
J5.14. Is the freeze and seize operation in your state centralized or automated?
Not centralized. And not automated.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
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J5.17. Does your state law or policy instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes
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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
10 Days
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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.
Genetic testing
J8. Describe any other judicial enforcement procedures your state may have.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Procedures are not in place at this time. T.C.A. Section 36-5-903 provides that the TDHS may enforce the lien without further order by a court by (1) intercepting or seizing periodic or lump-sum payments or benefits or benefits due the obligor from: (A) A state or local agency; (B) Judgments or any judicial or administrative tribunal, settlements approved by an judicial or administrative tribunal, and lottery winnings; (2) By attaching or seizing assets of the obligor and other person or entity held in financial institutions as defined in T.C.A. Section 36-5-910; (3) By attaching public and private retirement funds; and (4) By enforcing the sale of the obligor's legal or equitable interest in property and by distribution of the proceeds of such sale.
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J10. Which of your state's enforcement remedies are available without judicial actions?
Income assignments, liens, contempt action and license revocation.
J11. Describe your state's procedures for registering and enforcing another state's order.
T.C.A. Section 36-6-2602 states an order may be registered in this state by sending the appropriate documents to a trial court in the county where the respondent resides, or in Title IV-D cases, the Central Registry of the TDHS.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
On receipt of request for registration, the court will file the order as a foreign judgment, together with one copy of the documents and information.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
No
J13.1. If yes, provide the statutory citation.

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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Yes
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?
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.
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 - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
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 state┐s IV-D agency (for example, a Transmittal #3) and list additional documentation required.
J25. What is the procedure for obtaining a certified copy of a court order?
J26. What is the procedure for obtaining a certified payment record?
J27. Is there a cost for requesting a certified copy of a court order or payment 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?
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
J29.2 If yes, what is the amount?
J30. Under what conditions may a noncustodial party restore the driver's license?
J30.1 What is the process for restoring a driver's license?
J31. Does your state allow temporary or conditional driver's licenses?
J3.1 If yes, what are the conditions?
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
J33.2 What is the dollar amount?
J34. When your state is the initiating state, does it submit delinquent cases to the Debtor File for MSFIDM?
J34.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for MSFIDM?
J34.2 What is the dollar amount?
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?
J35.2 What is the dollar amount?
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?
J37. When your state is the responding state, does it submit delinquent cases to the Debtor File for MSFIDM?
J37.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for MSFIDM?
J37.2 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?
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?

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)?
Under T.C.A. Section 36-5-103 (1) (A), upon the request of either parent, or if there is an assignment of benefits under Title 71, Chapter 3, Part 1, upon request of the Department of Human Services or either parent, any order subject to enforcement pursuant to Title IV-D of the Social Security Act by any court under this Title or Title 37 shall be reviewed at least every 3 years, and, if necessary, adjusted in accordance with the guidelines established pursuant to Section 36-5-1-1(e) if the amount of the child support order in the existing order differs from the amount that would be awarded in accordance with the guidelines.
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K2. Briefly describe your state's modification procedure.
Reviews are conducted upon request of TN Department of Human Services for IV-D cases or either parent in Non-TANF cases.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
T.C.A. Section 36-5-103 provides that the existing order of child support will be reviewed every 3 years and, if necessary, adjusted in accordance with the child support guidelines. If there are substantial changes in the parties' situations between the mandated 3-year review period, the order can be adjusted in accordance with the child support guidelines.
K4. 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.
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.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
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?
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?
The TDHS is planning to develop a cost-of-living index to use through automated wage comparisons as a means of reviewing and adjusting the order.
K7. 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?

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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.

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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.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
TN Vital Records Central Services Building 1st Floor 421 5th Avenue North Nashville, TN 37247 Ph. (615) 741-1763 FAX (615) 741-9860 The TN Office of Vital Records registers and maintains the original certificates of births, deaths, marriages and divorces that occur in TN. Certified copies of the original records are available to the person named on the record and to certain family members or legal representatives. Fees - Fees include a search of the records for the year before and the year after the event date you provide. If, after searching three years of records, the requested certificate cannot be located, you will be sent a letter certifying that no record was found. The fee will not be refunded because it is charged for the search of the records. Birth Records - A certified photocopy of the original record may be obtained at a fee of $12.00 for the first copy and $4.00 for each additional copy of the same record requested at the same time. For persons born from 1949 to the present, a certified copy produced by computer is also available at a fee of $7.00 for the first copy and $4.00 for each additional copy of the same record requested at the same time. Both types of copies (photocopy and computer produced) are certified and include a raised, embossed seal. Other Services - The Office of Vital Records provides other record services including the creation of a new birth certificate subsequent to adoption, legitimation or court ordered parentage; the addition of a father's name to a child's birth certificate with a voluntary acknowledgment of paternity; and the correction or amendment to facts shown on a certificate. Call or write to obtain more information about these services and the fees.
K9. 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?
Uniform Support Petition, Support Order and Judgment, ENF Transmittal # 1, General Testimony, Arrearage Affidavit, and Registration Statement. Three (3) copies of all documents are required.
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?

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, provide your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
No, however, the department's guidelines for determining child support obligations defines sources of income to be considered in arriving at the obligation amount. As such, lump sum payments would be included. For example, lump sum payments associated with lottery winnings, workers compensation settlements, bonus payments, severance payments.
L1.2 Provide the statutory citation.
Go to address http://www.state.tn.us/sos/rules/1240/1240-02-04.pdf This is the site of Tennessee's Child Support Guidelines. Go to section 1240-2-04 (3) Gross Income.
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L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, provide the statutory citation or rule.
However, employers often report bonus payments and severance. Personal injury insurance settlements and worker's compensation settlements are identified through the Child Support Lien Project (seat agency Rhode Island).
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)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A
L4. How are employers instructed to report a pending lump sum?
N/A
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
If e3mployer reports, for example, pending bonus or severance pay, the state immediately issues a lien against the amount.
L6. 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 non-wage lump sum payments such as sale of company stock?
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
L8. What other documents does your state use to attach 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.
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?
Notice of Seizure of Assets is issued to the non-custodial parent whenever the Administrative Order of Seizure is issued. The Notice of Seizure notifies the non-custodial parent, or the non-custodial parent's attorney, that the non-custodial parent's assets; are subject to a lien; the assets have been seized to satisfy a child support arrearage and the non-custodial parent has the right to appeal the action.
L9.1. If yes, what are those limits?
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?

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L9.3. If yes, what are those limits?
No
L9.4. If no, what percentage is the employer required to withhold?
L10. Does your state have a direct deposit program?
L10.1 If so, specify the vendor.
L11. Does your state have a debit card program?
L11.1 If so, specify the vendor.
L12. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
L12.1 If so, are there fees involved?
L13. What are the fees associated with using the card?

M. Insurance Match

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

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M1.1. Additional information on the CCPA.

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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?
No
M2.1. If yes, provide the statutory citation
N/A
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M2.1.2. What information is an insurer required to provide, exchange, or look up with your state┐s IV-D agency?
N/A
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M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
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)?
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)?
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
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M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
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.

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M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
TCA 36-5-905 (3)(A) A notice shall be sent to the obligor against whom the administrative order for seizure or sale of assets is directed by mail within five (5) days of the issuance of such administrative seizure order of the fact that such assets have been the subject of an administrative order and that they have been seized or are subject to sale and are being held, may be conveyed to the department or may be sold, subject to the right to an administrative hearing to contest the seizure or sale of such assets.
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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 OF NOTICE OF LIEN SENT TO NON-CUSTODIAL PARENT. 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.
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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 DIRECTLY TO WORKERS COMP INSURANCE CARRIER
M7.1. What is the process, the points of contact,, and what forms?

DONE