§ 36-5-101. Orders for support and maintenance; modifications; enforcement(a)(1) Whether the marriage is dissolved absolutely, or a perpetual or temporary separation is decreed, the court may make an order and decree for the suitable support and maintenance of either spouse by the other spouse, or out of either spouse's property, and of the children, or any of them, by either spouse or out of such spouse's property, according to the nature of the case and the circumstances of the parties, the order or decree to remain in the court's control; and, on application of either party for spousal support, the court may decree an increase or decrease of such allowance only upon a showing of a substantial and material change of circumstances. In cases involving child support, upon application of either party, the court shall decree an increase or decrease of such allowance when there is found to be a significant variance, as defined in the child support guidelines established by subsection (e), between the guidelines and the amount of support currently ordered unless the variance has resulted from a previously court-ordered deviation from the guidelines and the circumstances which caused the deviation have not changed. The necessity to provide for the child's health care needs shall also be a basis for modification of the amount of the order, regardless of whether a modification in the amount of child support is necessary. In no event shall eligibility for or receipt of Medicaid or TennCare-Medicaid by the custodial parent be considered to meet the need to provide for the child's health care needs in the order. The court shall not refuse to consider a modification of a prior order and decree as it relates to future payments of child support because the party is in arrears under that order and decree, unless the arrearage is a result of intentional action by the party. The court shall set a specific amount which is due in each month to be paid in one (1) or more payments as the court directs. Unless the court finds otherwise, each order made under this section shall contain the current address of the parties. When an order provides for the support of two (2) or more children in a case which is subject to enforcement under Title IV-D, and at least one (1) child is a public charge based upon receipt of aid to families with dependent children (AFDC), TennCare-Medicaid, or foster care or other custodial services from the state of Tennessee, the child support order shall be prorated by the department for purposes of distribution of the child support to the appropriate person or agency providing care or support for the child without the need for modification of the child support order by the court.
(2)(A) Courts having jurisdiction of the subject matter and of the parties are hereby expressly authorized to provide for the future support of a spouse and of the children, in proper cases, by fixing some definite amount or amounts to be paid in monthly, semimonthly, or weekly installments, or otherwise, as circumstances may warrant, and such awards, if not paid, may be enforced by any appropriate process of the court having jurisdiction thereof, including levy of execution.
(B) In all cases where a person is receiving alimony in futuro or alimony the amount of which is not calculable on the date the decree was entered, and that person remarries, the alimony in futuro or alimony the amount of which is not calculable on the date the decree was entered, will terminate automatically and unconditionally upon the remarriage of the recipient. The recipient shall notify the obligor of the remarriage timely upon remarriage. Failure of the recipient to timely give notice of the remarriage will allow the obligor to recover all amounts paid as alimony in futuro or alimony the amount of which is not calculable on the date the decree was entered, to the recipient after the recipient's marriage.
(3) In all cases where a person is receiving alimony in futuro and the alimony recipient lives with a third person, a rebuttable presumption is thereby raised that:
(A) The third person is contributing to the support of the alimony recipient and the alimony recipient therefore does not need the amount of support previously awarded, and the court therefore should suspend all or part of the alimony obligation of the former spouse; or
(B) The third person is receiving support from the alimony recipient and the alimony recipient therefore does not need the amount of alimony previously awarded and the court therefore should suspend all or part of the alimony obligation of the former spouse.
This subdivision (a)(3) shall in no way be construed to create any common-law marriage obligation as to third parties.
(4)(A) The order or decree of the court may provide that the payments for the support of such child or children shall be paid either to the clerk of the court or directly to the spouse, or other person awarded the custody of the child or children, except that in all Title IV-D child support cases and all cases where payments must be made under an income assignment pursuant to law, the court shall order that all child support payments be paid to the clerk of the court, or in Title IV-D child support cases, to the department or other Title IV-D child support agency, if the clerk elects not to participate in the statewide Title IV-D child support computer system under subdivision (a)(4)(C)(iii).
(B)(i) When the court enters an order in which the paternity of a child is determined or support is ordered, enforced or modified for a child, each individual who is a party to any action pursuant to this part shall be immediately required to file with the court and, if the case is a Title IV-D child support case, shall immediately file with the local Title IV-D child support office and shall update, as appropriate, the party's:
(a) Full name and any change in name;
(b) Social security number and date and place of birth;
(c) Residential and mailing addresses;
(d) Home telephone numbers;
(e) Driver license number;
(f) The name, address, and telephone number of the person's employer; and,
(g) The availability and cost of health insurance for the child.The requirements of this subdivision may be included in the court's order.
(ii) Each individual who is a party must update changes in circumstances of the individual for the information required by subdivision (B)(i) within ten (10) days of the date of such change. At the time of the entry of the first order pertaining to child support after July 1, 1997, clear written notice shall be given to each party of the requirements of this subsection, procedures for complying with the subsection and a description of the effect or failure to comply. Such requirement may be noted in the order of the court.(iii) In any subsequent child support enforcement action, the delivery of written notice as required by Tennessee Rule of Civil Procedure 5 to the most recent residential or employer address shown in the court's records or the Title IV-D agency's records as required in (B)(i) shall be deemed to satisfy due process requirements for notice and service of process with respect to that party if there is a sufficient showing and the court is satisfied that a diligent effort has been made to ascertain the location and whereabouts of the party.
(iv) Upon motion of either party, upon a showing of domestic violence or the threat of such violence, the court may enter an order to withhold from public access the address, telephone number, and location of the alleged victim(s) or threatened victims of such circumstances. The clerk of the court shall withhold such information based upon the court's specific order but may not be held liable for release of such information.
(C)(i) All support payments which have been paid to the clerk of the court shall be distributed by the clerk as provided in the order of the court within ten (10) days; provided, that the payments made to the clerk of the court in Title IV-D child support cases shall be distributed and deposited pursuant to the operating agreements under subdivision (a)(4)(C)(iii) and the provisions of subdivision (a)(4)(D) after implementation of the statewide Title IV-D child support computer system in the clerk's county, and after the appropriate notice to the clerk by the department under these subdivisions.
(ii) If the clerk receives child support payments on behalf of an individual who has assigned rights to child support to the department under the aid to families with dependent children (AFDC) program prior to the implementation of the statewide Title IV-D child support computer system pursuant to the provisions of subdivision (a)(4)(C)(iii), the clerk shall send any support payment received on behalf of such individual, along with the first and last names of the parties, docket number, IV-D number (if any), IV-A number (if any), and date and amount of payment, to the department or its designee within ten (10) working days of receipt thereof. Further, in every such IV-D case, if unable to provide the information concerning an order through a computer information transfer, the clerk shall send a copy of any new order or modification of such order, prior to or along with the first payment received pursuant to such order to the department or its designee within the time limit stated above. In the event the department or its designee provides the clerk with a certificate specifying the amount of support due the state as a result of assistance payments made to or on behalf of such individual, the clerk shall distribute the payments to such individual and to the department in accordance with such certificate.
(iii) All clerks of courts with responsibilities for the collection and distribution of child support obligations shall elect whether to participate in the operation of the statewide Title IV-D child support computer system within thirty (30) days of notification by the department requesting a decision. The election shall be accomplished by the signing of a letter of agreement with the department which shall set forth the obligations of the department and the clerk relative to the operation of the system. Clerks electing to participate shall be bound by the terms of the agreement and the laws, regulations, and the policies and procedures of the Title IV-D child support program for the term of the agreement, unless the agreement is cancelled by the department after notice to the clerk and an opportunity to correct any deficiencies caused by failure of the clerk to comply with federal or state regulations or procedures for operation of the system within thirty (30) days of such notice. While participating in the system, the clerks shall be entitled to receive the statutory fee for the collection and handling of child support obligations under the Title IV-D program. If a clerk declines to participate in the system, payments of child support to the clerk and the statutory collection fee shall continue until the clerk is notified by the department that the system is operative in the clerk's county. If the agreement is subsequently cancelled, or when the department notifies the clerk who does not elect to participate that the system is operative in the clerk's county, the payment of the child support obligations and the statutory fee for collection of Title IV-D child support payments in Title IV-D cases shall be immediately payable to the department or its designee by the obligor without the necessity of a change to the court order upon notice by the department to the obligor and to the employer if the obligor is under an income assignment. Any Title IV-D child support payment which the clerk who is not participating in the system receives after the date on which the clerk is notified of the effective date of the operation of the system in the clerk's county, or after notice by the department or its contractor that Title IV-D services are now being provided on a child support case, or after the cancellation of the operating agreement, shall be sent immediately by the clerk to the department or its designee, without the necessity of a court order.
(iv) The clerks of all courts involved in the collection of any child support shall cooperate with and provide any reasonable and necessary assistance to the department or its contractors in the transfer of data concerning child support to the statewide Title IV-D child support computer system.
(v) Whenever the clerk has ceased handling Title IV-D child support payments under the provisions of subdivision (a)(4)(C)(iii), and only where the context requires, all provisions in this chapter relating to the duties or actions involving the clerk shall be interpreted to substitute the department or its contractor.
(D) In all cases which are being served by the department or any of its contractors under the Title
IV-D child support program, the clerks shall, upon notice by the department, deposit all receipts of Title IV-D child support payments on a daily basis to a bank account from which the state of Tennessee will electronically debit those payments for the purpose of obtaining funds to distribute the child support obligations to the obligee. The clerk, by written agreement with the department, may disburse child support receipts directly to the obligee.(E) In all Title IV-D child support cases, child support payments shall be made by the obligor to the clerk of the court, or the department if the clerk is not participating in the statewide Title IV-D child support computer system under subdivision (a)(4)(C)(iii). In Title IV-D child support cases, where the obligor has been ordered to make child support payments to the clerk, or the department if the clerk is not participating in the statewide Title IV-D child support computer system under subdivision (a)(4)(C)(iii), no credit shall be given to an obligor for any payments made by the obligor or by another person on behalf of the obligor, directly to an obligee or the obligor's child or children unless the obligee remits the payment to the department or the participating clerk. In the event that a Title IV-D case is instituted subsequent to the establishment of an order of child support, the department will notify the obligor and obligee and the appropriate clerk of this fact, and all payments of child support in Title IV-D cases shall be made by the obligor to the department or the clerk, as appropriate under subdivision (a)(4)(E), without further order of the court.
(ii) Deleted by 1997 Pub.Acts, c. 551, § 52, eff. July 1, 1997.
(5) Any order for child support shall be a judgment entitled to be enforced as any other judgment of a court of this state and shall be entitled to full faith and credit in this state and in any other state. Such judgment shall not be subject to modification as to any time period or any amounts due prior to the date that an action for modification is filed and notice of the action has been mailed to the last known address of the opposing parties. If the full amount of child support is not paid by the date upon which the ordered support is due, the unpaid amount is in arrears and shall become a judgment for the unpaid amounts and shall accrue interest from the date of the arrearage at the rate of twelve percent (12%) per annum. All interest which accumulates on arrearages shall be considered child support. Computation of interest shall not be the responsibility of the clerk.
(b) In addition to the remedies provided in part 5 of this chapter, but not as an alternative to those provisions, if a parent is more than thirty (30) days in arrears, the clerk of the court may, upon written application of the obligee parent, a guardian or custodian of the children, or the department if the child or children are public charges, issue a summons or, in the discretion of the court, an attachment for such parent setting a date for appearance bond of not less than two hundred fifty dollars ($250) and not more than two thousand five hundred dollars ($2,500). In addition, the court may at any time require an obligor parent to give security by bond with sufficient sureties approved by the court for payment of past, present, and future support due under the order of support. If the obligor parent thereafter fails to appear or fails without good cause to comply with the order of support, such bonds may be forfeited and the proceeds therefrom paid to the court clerk and applied to the order of support.
(c) In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with the provisions of parts 30 and 31 of this chapter.
(d)(1) It is the intent of the general assembly that a spouse who is economically disadvantaged, relative to the other spouse, be rehabilitated whenever possible by the granting of an order for payment of rehabilitative, temporary support and maintenance. Where there is such relative economic disadvantage and rehabilitation is not feasible in consideration of all relevant factors, including those set out in this subsection, then the court may grant an order for payment of support and maintenance on a long-term basis or until the death or remarriage of the recipient except as otherwise provided in subdivision (a)(3). Rehabilitative support and maintenance is a separate class of spousal support as distinguished from alimony in solido and periodic alimony. In determining whether the granting of an order for payment of support and maintenance to a party is appropriate, and in determining the nature, amount, length of term, and manner of payment, the court shall consider all relevant factors, including:
(A) The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and all other sources;(2) An award of rehabilitative, temporary support and maintenance shall remain in the court's control for the duration of such award, and may be increased, decreased, terminated, extended, or otherwise modified, upon a showing of substantial and material change in circumstances. Rehabilitative support and maintenance shall terminate upon the death of the recipient. Such support and maintenance shall also terminate upon the death of the payor unless otherwise specifically stated. The recipient of the support and maintenance shall have the burden of proving that all reasonable efforts at rehabilitation have been made and have been unsuccessful.
(B) The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party's earning capacity to a reasonable level;
(C) The duration of the marriage;
(D) The age and mental condition of each party;
(E) The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic debilitating disease;
(F) The extent to which it would be undesirable for a party to seek employment outside the home because such party will be custodian of a minor child of the marriage;
(G) The separate assets of each party, both real and personal, tangible and intangible;
(H) The provisions made with regard to the marital property as defined in § 36-4-121;
(I) The standard of living of the parties established during the marriage;
(J) The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party;
(K) The relative fault of the parties in cases where the court, in its discretion, deems it appropriate to do so; and
(L) Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.(e)(1) In making its determination concerning the amount of support of any minor child or children of the parties, the court shall apply as a rebuttable presumption the child support guidelines as provided in this subsection. If the court finds that evidence is sufficient to rebut this presumption, the court shall make a written finding that the application of the child support guidelines would be unjust or inappropriate in that particular case, in order to provide for the best interest of the child(ren) or the equity between the parties. Findings that the application of the guidelines would be unjust or inappropriate shall state the amount of support that would have been ordered under the child support guidelines and a justification for the variance from the guidelines.
(2) Beginning October 13, 1989, the child support guidelines promulgated by the department pursuant to the rulemaking provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall be the guidelines that courts shall apply as a rebuttable presumption in child support cases. The supreme court may promulgate rules to replace the child support guidelines of the department on or before October 1, 1990. If the supreme court does not promulgate such rules, then the guidelines promulgated by the department will continue to be applied by courts in child support cases.
(3) Child support guidelines shall be reviewed at least every four (4) years from the date of promulgation and revised, if necessary, to ensure that the application of the guidelines results in the determination of appropriate child support award amounts. If the supreme court fails to review such guidelines as it may promulgate, the department shall review the guidelines and make recommendations to the court of any revisions needed in order to maintain compliance with the Family Support Act of 1988.
(4) Deleted by 1997 Pub.Acts, c. 551, § 53, eff. July 1, 1997.
(f)(1) The court may direct the acquisition or maintenance of health insurance covering each child of the marriage and may order either party to pay all, or each party to pay a pro rata share of, the health care costs not paid by insurance proceeds. The court may also direct a party to pay the premiums for insurance insuring the health care costs of the other party.
(2) In any case in which the court enters an order of support in a case enforced under Title IV-D of the Social Security Act, the court shall enter an order providing for health care coverage to be provided for the child or children.
(3)(A) When, pursuant to subdivision (f)(2), the party ordered to pay health care coverage changes employment and the new employer provides health care coverage, the department of human services shall transfer notice of such provision to the new employer and to the party. This notice shall operate to enroll the child in the health care plan of the party ordered to pay child support except as provided in subdivision (3)(B).
(B) The notice to the party shall contain a statement of the right to contest the notice as provided by part 10 of this chapter and enrollment of the child in the employer's health plan and the procedure for filing an administrative appeal with the department of human services. The notice shall direct the party to file with the employer a copy of the appeal request within fifteen (15) days of the date of mailing of the notice as recorded in the records of the department. Upon such timely filing with the employer and the timely filing of an administrative appeal with the department, the insurance coverage for the child shall not become effective until the determination of the administrative appeal by the department.
(g) The court may direct either or both parties to designate the other party and the children of the marriage as beneficiaries under any existing policies insuring the life of either party and maintenance of existing policies insuring the life of either party, or the purchase and maintenance of life insurance and designation of beneficiaries.
(h) Nothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree of an agreement between the parties as to support and maintenance of a party or as to child support. In any such agreement, the parties must affirmatively acknowledge that no action by the parties will be effective to reduce child support after the due date of each payment, and that they understand that court approval must be obtained before child support can be reduced, unless such payments are automatically reduced or terminated under the terms of the agreement.
(i) The court may, in its discretion, at any time pending the suit, upon motion and after notice and hearing, make any order that may be proper to compel a spouse to pay any sums necessary for the support and maintenance of the other spouse and to enable such spouse to prosecute or defend the suit and to provide for the custody and support of the minor children of the parties during the pendency of the suit, and to make other orders as it deems appropriate. Spousal support may include expenses of job training and education. In making any order under this subsection, the court shall consider the financial needs of each spouse and the children, and the financial ability of each spouse to meet those needs and to prosecute or defend the suit.
(j) In making any decree or order pursuant to this section, the court shall consider the provisions of § 34-11-102(b).
(k) Absent a court order to the contrary, if an arrearage for child support or fees due as court costs exist at the time an order for child support would otherwise terminate, the order of support or any then existing income withholding arrangement and all amounts ordered for payment of current support or arrears, including any arrears due for court costs, shall continue in effect in an amount equal to the then existing support order or income withholding arrangement until the arrearage and costs due are satisfied and the court may enforce all orders for such arrearages by contempt.
(l) As used in this chapter, "order," where the context requires, includes an order concerning child or medical support issued pursuant to an administrative proceeding in any other state.
(m) In establishing or enforcing any duty of support under this chapter, the court shall give full faith and credit to all paternity determinations of any other state or territory made pursuant to a voluntary acknowledgement or pursuant to any administrative or judicial process.
(n)(1) A voluntary acknowledgement of paternity which is completed under the provisions of § 68-3-203(g), § 68-3-302, or § 68-3-305(b) or under similar provisions of another state or government, when certified by the state registrar or other governmental or institutional entity maintaining the record of the acknowledgement, shall be a basis for establishing a support order without requiring any further proceedings to establish paternity.
(2) The state of Tennessee, its officers, employees, agents or contractors, any counties, county officials, the clerks of any court, or any Title IV-D child support enforcement agency shall not be liable in any case to compensate any person for repayment of child support paid or for any other costs as a result of the rescission pursuant to § 24-7-118 of any voluntary acknowledgment or the recission of any orders of legitimation, paternity, or support.
(o)(1) In enforcing any provision of child support, if an obligee, or the department or its contractor in Title IV-D cases, specifically prays for revocation of a license because an obligor is alleged to be in noncompliance with an order of support, or if the court determines on its own motion or on motion of a party that any individual party has failed to comply with a subpoena or a warrant in connection with the establishment or enforcement of an order of support, the court may find specifically in its order that the obligor is not in compliance with an order of support as defined by part 7 of this chapter, or it may find that an individual party has failed to comply with a subpoena or warrant in connection with the establishment or enforcement of an order of support, and may direct that any or all of the obligor's or individual party's licenses be subject to revocation, denial or suspension by the appropriate licensing authority pursuant to part 7 of this chapter. The court shall direct the clerk to send a copy of that order to the department of human services to be sent by the department to each licensing authority specified in the order for processing and suspension, denial or revocation pursuant to § 36-5-706 and any other applicable provisions of part 7 of this chapter. Costs related to such order shall be taxed to the obligor or individual party.
(2) If the obligor whose license has been subject to the provisions of subdivision (o)(1) complies with the order of support, or if the individual party complies with the subpoena or warrant, the court shall enter an order making such a finding and the clerk shall send an order immediately to the department of human services to be transmitted to each licensing authority specified in the order which shall then immediately issue, renew or reinstate the obligor's or individual party's license in accordance with the provisions of § 36-5-707. Costs related to such order shall be taxed to the obligor or individual party as the case may be and shall be paid by the obligor or the individual party prior to sending the order to the department for transmission to the licensing authority.
(3) The department shall provide available information to the obligee or party or the court in actions under this subsection concerning the name and address of the licensing authority or authorities of the obligor or individual party in order to enable the enforcement of the provisions of this subsection. The obligee or individual party, as the case may be, seeking such information shall pay a fee as established by the department for the provision of such service. These fees may be taxed as costs to the obligor whose license has been revoked pursuant to this subsection or to the individual party who has failed to comply with the warrant or subpoena.
(4) If the licensing authority fails to take appropriate action pursuant to the orders of the court under this subsection, the party may seek a further order from the court to direct the licensing authority to take such action and the party may seek any appropriate court sanctions against the licensing authority.
(5) For purposes of this subsection, the term "individual party" means a party to the support action who is a person, but does not include a governmental agency or the contractor or agent of such governmental agency which is enforcing an order of support. "Party" may include, where the context requires, an individual person or it may include a governmental agency or contractor or agent of such governmental agency.
Amended by 1993 Pub.Acts, c. 243, §§ 1, 2, eff. April 30, 1993; 1993 Pub.Acts, c. 286, § 1, eff. May 6, 1993; 1994 Pub.Acts, c. 926, § 1, eff. May 9, 1994; 1994 Pub.Acts, c. 987, §§ 1 to 5, eff. July 1, 1994; 1994 Pub.Acts, c. 988, §§ 8, 9, eff. July 1, 1994; 1995 Pub.Acts, c. 504, § 2, eff. July 1, 1995; 1996 Pub.Acts, c. 892, § 16, eff. July 1, 1996; 1997 Pub.Acts, c. 551, §§ 7, 19, 22, 25, 41, 51 to 53, 66, eff. July 1, 1997.