Section 1240-02-02-.08 - DEPARTMENT NOTICE TO OBLIGOR OF ISSUANCE OF INCOME ASSIGNMENT DUE TO DELINQUENCY(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.STATE OF TENNESSEE
DEPARTMENT OF HUMAN SERVICES
NOTICE OF ISSUANCE OF INCOME ASSIGNMENT DUE TO DELINQUENCY
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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).