(1) The Notice form
in Paragraph (6) shall be used by the Department of Human Services or its
contractor which establish or enforce support under Title IV-D of the Social
Security Act for the purpose of providing notice to an obligor of support in
Tennessee that an Income Withholding for Support (Order for Income Assignment)
has been issued which will direct the obligor's employer or payer of income to
withhold income from an obligor of support to meet the child or spousal support
obligation.
(2) This Notice is
used:
(a) When, pursuant to T.C.A. §
36-5-501(b)(1)(B) no Order for Income Assignment had been previously issued for
any reason, and where the records of the Clerk or the Department of Human
Services show the obligor is currently delinquent;
(b) When, pursuant to T.C.A. §
36-5-501(b)(1)(D) an Affidavit of Arrearage pursuant to 1240-02-02-.11 to
support the issuance of an Order for Income Assignment is filed by the
custodial parent, a guardian, or other caretaker to whom child support was
previously paid directly by the obligor alleging the obligor is now in arrears
as defined by T.C.A. § 36-5-101(f)(1) and T.C.A. § 36-5-501(b)(1)(G);
or
(c) When an obligor fails to pay
the ordered support by the due date.
(3) The Federal Income Withholding for
Support (Order for Income Assignment) form set forth in 1240-02-02-.04 will be
attached to the Notice form in Paragraph (6).
(4) The Department may combine the language
in this form with language of the notices issued by the Department described in
this Chapter to provide notice of various actions taken by the court or actions
taken administratively by the Department, and the form may be modified and
transmitted by the TCSES system to contain, as may be applicable, combinations
of the language in any of those notices on one form.
(5) Appeals.
(a) The
obligor may contest this Notice of
Income Assignment by filing a written request for an administrative hearing
with the local
child support office shown on the Notice within fifteen (15)
days of the mailing of the Notice. The grounds for contesting the Notice are
limited to a determination of the correct identity of the person(s) or
entity(ies) to whom or to which the administrative action is directed, to
whether there is a mistake of fact involving the action, and, if the court has
not already determined the amount of arrears or the amount of the payment:
1. A determination of the amount of
arrearage;
2. Whether the amount of
payments on the arrearage is reasonable as to the amount to be paid and the
time over which the obligation is to be paid.
(b) If the obligor contests the Notice of
Income Assignment within the above time limit, a hearing will be promptly set.
The employer will continue to withhold income unless a decision favorable to
the obligor is rendered. The obligor and the employer will be notified of the
decision within forty-five (45) days of the date the Income Withholding for
Support (also called an Order for Income Assignment or Income Assignment) was
issued. If an unfavorable decision is rendered, the obligor has a right to
further appeal the decision as described in the Department's hearing order
following the decision.
(6) Form:
STATE OF TENNESSEE
DEPARTMENT OF HUMAN SERVICES
NOTICE OF ISSUANCE OF INCOME ASSIGNMENT DUE TO
DELINQUENCY
Click to
view Image
Click to
view Image
Notes
Tenn. Comp. R. &
Regs. 1240-02-02-.08
Original rule filed
October 14, 1999; effective December 28, 1999. Amendment filed August 17, 2005;
effective October 31, 2005. Amendment filed September 8, 2009; effective
December 7, 2009.
Authority: T.C.A. §§
4-5-202,
8-21-403,
36-5-116,
36-5-501,
36-5-1002, and
71-1-132(c); 42
U.S.C. §§ 651 et seq., 42 U.S.C §§ 652(a)(11), 654(9)(E),
654a(g)(1)(A)(ii), 654b(a), and 666(a)(8) and (b); 45 C.F.R. §§
303.6(c)(1), 303.7, and 303.100; and United States Department of Health and
Human Services Office of Child Support Enforcement Action Transmittal 04-05
(July 15, 2004).