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Prepared by Federal Child Support Enforcement Office
State Profile for Tennessee, September 1994
A. STATE AT A GLANCE(TN)
Program Operation State administered
Number of Local Offices 31
(excluding Agencies under
Cooperative Agreements)
Type of Agencies with Agreements with local District
Cooperative Agreements Attorneys, Juvenile Courts, and
private attorneys, private contract
agencies
Reciprocity With Tribal No
Entities
Age of Majority for 18; unless child is still in high
Termination of Support school; in such cases, emancipation
occurs when child graduates from high
school, or when class child is in when
he/she turns 18 graduates
Statutes of Limitation
· Collection of Past Due 10 years after date child support was
Support last owed
· Paternity Establishment Up to one year after child reaches age
of majority
· Dormancy
Guidelines Flat percentage obligor net income as
defined by state rule
Arrearage Collections on Yes, all methods used to collect
Behalf of Non-minor current support can be utilized to
Child(ren) collect arrearages with exception of
IRS Tax Offset Program
Pursuit of Unreimbursed No
Assistance (URA)
Limitations on Reducing URA If an arrearage is owed under court
to Judgment order, collection of that arrearage
can be pursued, including portion of
arrearage owed as unreimbursed public
assistance
Recovery of Costs for Not a cost recovery state, however
Initiating State attempts are made to recover blood
testing costs
Recovery of Costs Elected No
Under State Plan
State Income Tax No
Long-Arm Paternity Statute Yes
Domestic Relations Long-Arm Yes
Statute
General Long-Arm Statute Yes
Automated Locate Resources Department of Safety (Driver's License
Information); Department of Employment
Security (Wage Information);
Department of Human Services (Public
Assistance records)
Certification/Notarization
· Uniform Support Petition Certification by signature of court
official
· General Testimony for URESA Notarization by Notary Public
· Defendant/Respondent Payment Notarization by Notary Public or
History certification by signature of court
official
· Public Assistance History Certification by signature of agency
official
· Paternity Affidavit Notarization by Notary Public
· Other Documents
B. INCOME WITHHOLDING
Income Withholding Income withholding or Income
Terminology assignment
Included Income Wages, salaries, commissions,
pensions, annuities, and other income
due or to be due.
Fee Charged by Employers Up to 5% of deducted amount not to
exceed $5.00 per month
Arrearages through Income Yes
Withholding
Interstate Income Withholding When request for income assignment is
Procedures received, court clerk issues Advance
Notice of Income Assignment to
obligor; if obligor does not contest
assignment, Order of Income Assignment
is sent to employer for implementing;
if obligor contests procedure, court
hearing is scheduled
Enforcement of Another Yes
State's Order Against
Income/Assets When Obligor
Does Not Reside In Your State
Good Cause Criteria as No
Exception to Immediate
Withholding
Documents Required in 3 certified copies of Notice and Order
Addition to Interstate of Income Assignment; 3 certified
Transmittal Form and Number copies of original child support order
of Copies Needed and all modifications; 3 copies of
statements (affidavits) of arrears
(may be notarized instead of
certified); 3 copies of initiating
State's withholding law
C. PATERNITY
Uniform Parentage Act No
Uniform Act on Blood Testing No
Paternity through URESA Yes
Interstate Paternity Standard URESA procedures followed; if
Procedures alleged father does not admit
paternity, blood tests may be ordered
Consent Orders Obtained Yes
Presumption of Paternity Yes, individual conclusively presumed
Standard Based on Test to be the father of a child if blood,
Results genetic, or DNA tests show a
probability of 99%
Marriage as Presumption of Yes
Paternity
Other Statutory Presumptions Yes. A rebuttable presumption is
established if tests show a
probability of 95%.
Recognition of Common Law No; although common law marriages are
Marriage not recognized by TN, if common law
marriage is recognized in State in
which it was contracted, it will be
recognized in TN
Documents Required in Although not required, any evidence
Addition to Mandated Forms (i.e., letters, pictures, cards, etc.)
and Number of Copies Needed which substantiate mother's claim may
be attached to petition
Putative Father's Name on Once order of paternity established on
Birth Certificate IV-D cases, order is submitted to
Vital Records Division of Department
of Health and Environment; new birth
certificate is issued reflecting
father's name; no charge for this
service on IV-D cases
Personal Appearance of No
Witness or Custodial Parent
Required
Acceptable Methods of Although standard Paternity Affidavit
Testimony is generally all that is necessary,
interrogatories may be required in
certain cases
Genetic Testing Contact Point Blood testing scheduled through local
child support office; several blood
testing labs used
Recovery of Genetic Testing Yes
Costs for Other States
Documentation Required for At time of blood testing, photos of
Admissibility of Genetic parties taken, identification (i.e.
Testing Results driver's license) checked,
fingerprints taken and parties sign
affidavits stating they are the
parties involved, all of which is
submitted to court
Assistance to Other States
Using Their Long-Arm Statutes
Service of Process No
Genetic Testing No
D. SUPPORT ORDER ESTABLISHMENT
Process TN does not have administrative
process; all cases brought before
judge or referee
Interstate Procedures Standard URESA petition required for
establishment of support order
Considered for Setting AP's gross income/assets (award is
Support Under Guidelines based on a flat percentage of net
income as defined by state; gross
income is needed to make this
calculation)
Criteria for Rebuttal Cost of providing health insurance for
the child; time spent with the AP;
extraordinary educational or medical
expenses; any other extraordinary
expenses for the child could justify
additional support; foster care of the
children; extraordinary net income of
the obligor
Public Assistance History Month-by-month breakdown generally
Requirements required
Contact Point for Public TN Central Registry
Assistance History Citizen's Plaza Building, 12th Floor
400 Deaderick St.
Nashville, TN 37248
(615) 741-2441
Documents Required in Standard URESA Petition; 3 copies
Addition to Mandated Forms &
Number of Copies Needed
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Yes
Instate Order when Family
Lives in Another State
Preferred Method of If non-custodial parent is employed,
Enforcement Income Assignment Order can be
requested; if unemployed, completed
FSA-200, affidavit of arrears, and
other information as requested
Documents Required in None
Addition to Mandated Forms &
Number of Copies Needed
Contact Point to Obtain TN Central Registry
Payment Records Citizen's Plaza Building, 12th Floor
400 Deaderick St.
Nashville, TN 37248
(615) 741-2441
Contact Point to Obtain Copy Same as above
of Order
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of No
Foreign Judgments Act
Documents Required in None
Addition to Mandated Forms &
Number of Copies Needed
URESA Procedure When pleadings are received by Court
Clerk, case is docketed and set for
hearing; respondent notified by
service of process and given copy of
petition; Local IV-D office acts as
petitioner's representative at
hearing; initiating jurisdiction
advised of hearing date and all action
taken on case
Documents Required in None
Addition to Mandated Forms &
Number of Copies Needed
Registration Procedure Once request for registration of
foreign decree is received by Clerk of
Court, Clerk registers decree by
recording order in registry
specifically maintained for foreign
decrees; when decree is entered into
register, it has full force and effect
as order of TN and is subject to
available enforcement remedies
Documents Required in List of any other States in which
Addition to Mandated Forms & court order is registered; 1 certified
Number of Copies Needed copy of original support order and all
modifications; certified copy of court
pay record indicating arrears or
notarized statement of arrears.
G. REVIEW AND ADJUSTMENT OF ORDERS
Procedure
Criteria for Completed FS-200, copy of letter from
Review/Adjustment requestor requesting review in non-
assigned cases, financial affidavit of
requesting party in non-assigned cases
or FSA-202 on assigned cases, addition
information as requested. Order must
be a valid TN support order; 3 years
must have elapsed since the entry of
the child support order or the most
recent filing of a petition to modify
the order; the obligor's location is
known; material change of
circumstances must not be voluntary or
temporary
Definition of Change of TN statutes use broad term
Circumstances "substantial and material change in
circumstances" which must be proven to
justify upward modification. Change of
circumstance is defined to be a
significant variance between the child
support guideline and the amount of
support currently ordered.
Frequency With Which Reviews Every 3 years
Are Conducted
Documents Required in Although completion of standard income
Addition to Mandated Forms & and expense affidavit required, any
Number of Copies Needed other documents which substantiate
custodial parent's claim should be
attached
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