| 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). |
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. |
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. |
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. |
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)
For Additional Information - No Link Provided
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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. |
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? |
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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. |
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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. |
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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. The local IV-D office can send a termination of IWO. T.C.A. 36-5-101(k)(2)
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| 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)? |
Tennessee calculates Child Support using an Income Shares Model (Guidelines).
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| 2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)? |
There is no minimum number of days. We utilize a parenting time adjustment. If the NCP has 92 days or more, there will be an adjustment for decreasing support. If the NCP has 68 days or less, there will be an adjustment for increasing support. Parenting time between 69 to 91 days would result in no adjustment, either way.
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| 3. 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. |
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’s IV-D agency calculate interest on arrears? 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. |
| 5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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| 6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
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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. |
| 7. 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. |
| 7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
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It does not matter. |
| 8. 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 enforce orders to a 3rd party; a new order must be established. |
| 9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit? |
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Yes, The child’s benefit is only granted credit to the obligation when it originates from the parent’s account and the amount is subtracted from that parent’s child support obligation. |
| 9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how? |
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If the amount of the child support award due from the parent on whose account the child is receiving benefits is less than or equal to the benefit paid to the caretaker on behalf of the child on that parent’s account, the child support obligation of that parent is met and no additional child support amount must be paid by that parent. Additionally, the court must may make a finding in the support order regarding the use of the social security benefit.
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| 10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
For Additional Information - No Link Provided
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| 11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?) |
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The court must make a finding in the support order regarding the use of the social security benefit. |
| 12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state? |
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Communication through secure email, Transmittal 2 or Communication Center |
| 13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits? |
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Cases with SSI benefits only with no other assets or income are available, are to be set or modified to $0 before the case is closed. SSI and concurrent SSI/SSDI or SSR cases remain open as the SSDI/SSR portion can be included as income in the child support worksheet and can be garnished. |
| 14. Does your state child support agency have a debt compromise program? |
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Yes, for the amount of debt owed to the Custodial Parent only. No debt compromise available for state assigned arrears. |
| 15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?) |
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Pursuant to T.C.A. § 36-5-101(f)(3), the ordered amounts for current support and arrears can be combined for the new payment on arrears. This is our typical order rate unless a review and modification of the arrears only amount is requested. |
| 16. 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. Pursuant to T.C.A. § 36-5-101(b), legal custody of a child to whom a child support obligation is owed shall not be a prerequisite to the initiation or modification of a child support obligation. |
| 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. |
Yes. Issues of custody and visitation are not addressed during IV-D proceedings. T.C.A. § 36-2-312
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| 2. How is genetic testing coordinated within your state when the other party is in another state? |
For one-state cases, the out-of-state party is notified directly of the location, date and time through an Administrative Order for Parentage Test. For two-state cases, the Administrative Order for Parentage Test is sent to the initiating state’s local office.
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| 3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
Rebuttable presumption of parentage is established if genetic testing results show a statistical probability of ninety-five percent (95%) or
greater. 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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| 4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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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| 5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
Yes. Paternity is rebuttable through genetic testing.
T.C.A. § 68-3-203
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| 6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
Yes.
T.C.A. § 36-2-304
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| 7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
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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.
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| 8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
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.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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Voluntary Acknowledgement of Paternity (VAoP); no charge;
Send a Transmittal 3 requesting the VAoP to Central Registry through EDE, if available, or mail.
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| 10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
Yes. Please visit our Office of Vital Records at:
Vital Records (tn.gov)
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| 10.1 Describe any circumstances under which these fees may be waived? |
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| 11. 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. |
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| 12. 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. |
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| 13. 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? |
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| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
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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. |
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. |
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)? |
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? |
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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? |
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). |
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? |
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.
For Additional Information - No Link Provided
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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? |
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Yes. |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
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.
For Additional Information - No Link Provided
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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? |
No.
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| 5.1. What about when public assistance is not being expended? |
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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? |
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. |
No.
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| 1. What are specific sources of income not subject to withholding? |
Veterans Administration benefits (VA) are generally not subject to income withholding; however, these benefits are used to determine a support obligation. Other income such as means tested income, i.e., Supplemental Security Income (SSI), Families First/Temporary Assistance for Needy Families (TANF), and Food stamps are not considered in calculating a support obligation or subject to withholding.
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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. |
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 policy or procedures allowing the agency to use lower limits than the CCPA? |
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No |
| 3. 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 |
| 4. 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) |
| 5. 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 |
| 6. 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. |
| 7. 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. |
| 7.1 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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| 8. 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. |
| 8.1 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. |
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| 9. How does a noncustodial parent contest an income withholding in your state? |
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| 10. 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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| 11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold? |
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Yes. The court may order the independent contractor to establish a bank account for the sole purpose of complying with the IWO. The IWO will specify the amount to be deposited into the account and the frequency the deposits must be made, whether weekly, biweekly or monthly. Additionally, 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. If a company is paying the NCP directly, then the company needs to abide by the IWO and garnish the NCP’s wages. |
| 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.) |
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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? |
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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
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| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
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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? |
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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?" |
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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 OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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No.
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| 8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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Yes.
One hundred fifty dollars(150) TANF/FC and five hundred dollars for (500) Non TANF. |
| 9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
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Yes, five hundred dollars (500). |
| 10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
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No. |
| 11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount? |
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Yes, five hundred dollars (500). |
| 12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount? |
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No. |
| 13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial? |
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No. |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
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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
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| 16. Is the financial institution attachment process in your state centralized and/or automated? |
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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? |
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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
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| 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. |
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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
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| 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
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| 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
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| 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
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| 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
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| 25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment? |
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Belief the amount of the obligation is incorrect;
Disagrees with the extent of the obligor’s interest in the assets;
Disagrees as to whether good cause exists to seize, sell, distribute or otherwise dispose of a part of such assets;
Mistake of fact involving the action; and/or
Mistaken identity.
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| 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
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| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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Five hundred dollars (500) arrears balance and 90-day delinquency. |
| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
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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
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| 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 |
| 36. What are the criteria for initiating/filing a lien in your state? |
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An arrearage of five hundred dollars (500) or more per case, not per obligor. |
| 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 yes, is this process primarily judicial, administrative, or both? Please describe. |
|
Yes. Property seizures are both administrative and judicial. |
| 39. Does your state have 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. |
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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? |
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Yes. Lottery winnings |
| 40.1 If yes, is this enforcement judicial, administrative, or both? |
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|
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
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|
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
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Judicial - civil contempt, criminal contempt
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| 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
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| 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
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| 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
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| 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
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| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
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Yes. |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
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Yes. |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes.
For Additional Information - No Link Provided
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| 4.4. The cost of living has changed. |
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No. |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
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Yes. |
| 4.6. There has been a substantial change in childcare expenses. |
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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
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| 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).) |
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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
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| 7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment? |
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Yes, a review must be done when the NCP is incarcerated for 180 calendar days or more. In Tennessee, our minimum order amount so $100 so therefore the support is typically modified to $100 support when the NCP is incarercated. The amount owed in this particular situation would depend on the amount o the child’s family SSD payment paid directly to the CP. |
| 8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request? |
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A review may be initiated when the local child support office becomes aware of a change in circumstances of either party in a IV-D case without the need for a specific request from either party. However, either party may request a review of their order when he/she has had a change in circumstances. A signed request is not required. |
| 9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)? |
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A review may be initiated when the local child support office becomes aware of a change in circumstances of either party in a IV-D case without the need for a specific request from either party. |
| 1. Does your state require electronic payments? If yes, provide your state statutory citation. |
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No |
| 2. What is your state's SDU bank name? |
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First Horizon |
| 3. What is your state's SDU vendor name? |
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Systems and Methods, Inc. (SMI) - collections and customer service
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| 4. What is your state's web-based payment service for employers? |
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Web-based payment service: Tennessee Online Child support Payment System (free to employers and noncustodial parents)
Phone: 833-772-8347
Website: https://tn.smartchildsupport.com/
ACH debit payments from employers and noncustodial parents are accepted at no cost. |
| 5. What is your state's web-based payment service for noncustodial parents? |
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Web-based payment service: Tennessee Online Child support Payment System (free to employers and noncustodial parents)
Phone: 833-772-8347
Website: https://tn.smartchildsupport.com/
ACH debit payments from employers and noncustodial parents are accepted at no cost. |
| 6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
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NCP and employers |
| 7. How does your state accept card payments? |
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Credit Cards accepted - Visa, Mastercard, American Express, Discover Maestro, JCB
E-Wallet - Apple Pay, PayPal, Google Pay, Venmo
Browsers - Apple Pay will not work with Google, Google will not work in Apple Safari
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| 8. Are there fees associated with the credit card payments? |
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2.5%
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| 9. Does your state have other payment options? |
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Pay by phone: 844-324-3856 |
| 10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
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14 days after date of the order |
| 11. When must an employer remit amounts withheld from an employee's pay? |
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7 business days |
| 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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Federal, state, city taxes, FICA and health insurance premiums for dependent listed on the child support order |
| 13. What is your state's priority for withholdings? |
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The current support obligations are paid first in the following order: child support, medical support including health insurance premiums, spousal support. Arrears obligations are paid next in the same order. |
| 14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
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50% of disposable income
Reference TCA 36-5-501(j)(2)(A) |
| 15. What are the withholding limits for non-employees? |
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50%.
Reference TCA 36-5-501(j)(2)(A) |
| 16. 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 prorated among the cases? (See 45 CFR 303.100(a)(5).) |
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Prorate |
| 17. When does your state require employers to send notice of an employee's termination? |
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Promptly |
| 18. How long should an employer retain the order after the employee's termination? |
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No law or policy |
| 19. 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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Up to 5% of payment, not to exceed $5 per month |
| 20. Provide your state's statutory citation. |
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Tenn. Code Ann. §36-5-501 |
| 21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.) |
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No, however in the state of Tennessee when notified about the issuance of a lump sum payment by an NCPs employer, liens are sent requesting fifty percent of lump sum payment to pay child support arrears. |
| 22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
No, lump sum reporting is not required but is requested. Tennessee is centralized and makes reporting quick and easy.
The state of Tennessee, State law provides for the additional use of liens on all obligors who are more than thirty days in arrears. T.C.A. 36-5-901(a)(1) states that a lien automatically arises by operation of law against all real and personal property then owned or subsequently acquired by the obligor against whom the lien arises. The amount of the lien is the amount of the overdue child support owed. When notified about the issuance of a lump sum payment to an NCP, a lien is sent to the employer requesting fifty percent of the lump sum or bonus to be paid. |
| 23. Does your state have a threshold amount for a lump sum to be reported? |
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N/A |
| 24. Does your state citation or rule provide how long the employer must hold the lump sum? |
|
Fifteen (15) days is allowed for an appeal of the lien. Collections would immediately disburse according to finding of appeal or expiration of the appeal period. |
| 25. Is the Income Withholding Order (IWO) used for lump sums? |
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No, Tennessee uses liens for this purpose. |
| 26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO 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.? |
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The Administrative Order of Seizure of Assets and / or Notice of Lien is used for in and out-of- state actions as the situation warrants. IWOs will also be used. |
| 27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation? |
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No |
| 28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
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No |
| 29. What is your state's Medical Support Statute? |
|
TCA §36-5-101-Child Support Order-Insurance;
§36-5-1001 (c)(1)-Appeals of Administrative Actions by the Department of Human Services;
§36-5-1002(a)-Scope of Administrative Review;
§37-1-151-Parents' Liability for Support;
§39-15-101-Offenses Against the Family-Nonsupport
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| 30. What is your state's Reasonable Cost Definition? |
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Cash medical support or the cost of providing private health insurance is considered reasonable if the cost does not exceed five percent (5%) of the gross income of the parent responsible for providing it, unless the court deems otherwise in the best interests of the dependent(s), or by agreement of the parties. |
| 31. What is the Health Coverage Expense? |
|
1. These expenses are not included in the Basic Child Support Obligation (BCSO) because they vary greatly between cases. Instead, each parent's pro rata share of the actual amount of these expenses is added to their pro rata share of the BCSO to determine the Presumptive Child Support Order (PCSO). The amounts of these expenses must be included in the child support worksheet.
2. If the parent (or non-case participant, such as step-parent) pays a single premium for a health insurance policy that covers the child subject to the current support action as well as other persons, and the child's individual cost cannot be determined, the total cost will be prorated by the number of people covered. Only the pro rata share of the cost that can be attributed to the child(ren) who is(are) subject to the order at hand can be considered.
3. The amount of the health insurance premium paid for the benefit of the child(ren), such as a parent or stepparent who carries coverage for the child(ren), may be included and credited in the worksheet under that respective party's column.
4. Amounts paid by a non-parent caretaker for health insurance premiums must be included in the calculation when determining the support obligation amount.
5. If uninsured medical expenses are routinely incurred so that a specific monthly amount can be reasonably established, a specific dollar amount shall be added on Line 8b of the Worksheet in the column of the parent, or non-parent caretaker, responsible for payment. These known expenses shall be divided between the parents pro rata.
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| 32. What is the Income Withholding Limits for Support? |
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The withholding limit cannot exceed fifty percent (50%) of the employee's income after Federal Insurance Contributions Act (FICA) taxes, withholding taxes, and a health insurance premium that covers the child(ren), are deducted. |
| 33. What is the Priority of Withholding? |
|
When an employer, person, corporation, or institution receive multiple IWOs for current support against an employee/obligor that would cause the deduction to exceed fifty percent (50%) of the individual's income after FICA, withholding taxes, and a health insurance premium that covers the child, if any, then the allocation of all current support ordered withheld by all IWOs received against the employee shall be determined by the employer, person, corporation, or institution as follows:
a. First, the employer, person, corporation, or institution shall determine the total dollar amount of the IWOs for current support it has received involving the employee/obligor.
b. Next, each individual IWO shall then be calculated as a percentage of the total obtained.
c. The employer, person, corporation, or institution shall then allocate the available income of the employee/obligor based on the percentage computation and shall, as directed by the IWO, pay the amounts withheld from the employee/obligor's income to the court clerk, TDHS or its contractor, other entity, or IV-D child support agency in any other state having issued such IWO. For additional information, Child Support Income Withholding Procedures, Scenarios section.
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| 34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
|
If there are two or more Income Withholding Orders (IWO) for one individual and the amount available to withhold his/her income is not enough to pay the support due on all of the IWOs, the withheld amount is prorated to determine how much to allocate to each order.
1. Determine the total amount of all current child support that is ordered to be withheld by all IWOs received for the employee/income recipient.
2. Calculate the percentage that each order for current child support represents of the total amount that is ordered.
3. Using these percentages, calculate how much of the employee's/income recipient's available net income (after FICA, withholding taxes, and a health insurance premium which covers the child/ren are deducted) should be deducted and applied to each of the orders for current child support.
4. If all current child support obligations are met from the IWOs, and child support arrearages exist in more than one case, but there is not sufficient income to pay the full amount of all ordered child support arrearages, arrearages are allocated following the steps in # 1-3, above.
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| 35. According to 45 CFR §303.32(a), what are your state options? |
|
All child support orders shall include a provision for medical support of a child whether through public or private health care coverage available at a reasonable cost to be provided by either or both parents. |
| 36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
|
1. The participants have fifteen (15) calendar days to appeal an Administrative Order in writing and submit it to their local IV-D Office or to the TDHS Appeals and Hearings Office.
2. An Administrative Review is limited to a "determination of correct identity" and/or whether "there was a mistake of fact involving the action" (T.C.A § 36-5-1002), and is also limited to the following issue regarding medical support: Notice of Enrollment of a Child for Health Insurance Coverage upon a Change of Employers: A determination of reasonableness of the cost of insurance. (T.C.A § 36-5-1002(a)(6))
3. Procedures for the Employer / Plan Administrator
a. If the NCP contests the withholding of contributions from his or her income to provide health care coverage for his or her child(ren), the employer must begin the withholding and continue withholding until the contest is resolved.
b. The employer must comply with all the employer responsibilities described in the NMSN until notified by TDHS to discontinue the withholding. |
| 37. What is the reporting timeframe (non-magnetic media only)? |
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Within 20 days of hire date |
| 38. What are the required data elements? |
|
New Hire Information: Employee name, Employee address, SSN, Date of hire, State of hire (required if reporting as multi-state employer), Employer name, Employer address, FEIN; |
| 39. What are the methods of transmission? |
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Online, electronic, mail, fax |
| 40. Does your state require independent contractor reporting? |
|
No |
