Section 1240-02-02-.07 - DEPARTMENT NOTICE TO OBLIGOR OF ISSUANCE OF INCOME ASSIGNMENT(1) The Notice form in Paragraph (5) shall be used by the Department of Human Services or its contractors 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 initial 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) For an initial Order for Income Assignment, the Federal Income Withholding for Support form referenced in 1240-02-02-.04(1)(a) will be attached to the Notice form in Paragraph (5).(3) 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.(4) Appeals. (a) The obligor may contest this Order of Income Assignment by filing a written request for an administrative hearing with the local child support office shown on the Order within fifteen (15) days of the mailing date of the Order. The grounds for contesting the initial Order are the correct identity of the individual subject to the order, and a mistake of fact, or for an Order due to a delinquency, the amount of support not paid, the timeliness of the support paid, or the reasonableness of the amount ordered to be paid to reduce the arrears.(b) If the obligor contests the Order 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 Order of 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 administrative order following the decision.STATE OF TENNESSEE
DEPARTMENT OF HUMAN SERVICES
NOTICE OF ISSUANCE OF INCOME ASSIGNMENT
Click to view Image
Click to view Image
Tenn. Comp. R. & Regs. 1240-02-02-.07
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, 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).