Section 1240-02-02-.13 - NOTICES TO AND APPEALS BY OBLIGORS OF OUT-OF-STATE EMPLOYERS/PAYERS OF INCOME(1) In any circumstances in this Chapter in which the Clerk or the Department is required to send a Notice to the obligor, the information described in the Notice in Paragraph (3) shall be included in the Notice, or it shall be attached as a separate notice to any Notice required to be sent by this Chapter to inform the obligor of the obligor's appeal rights.(2) An obligor whose out-of-state employer or payer of income is sent any Income Withholding for Support (Order for Income Assignment) Order established by this Chapter may appeal the Order pursuant to the provisions of Section 506 of the Uniform Interstate Family Support Act (UIFSA) [codified in Tennessee at Tennessee Code Annotated (T.C.A.) § 36-5-2506].STATE OF TENNESSEE
NOTICE OF APPEAL RIGHTS FOR OBLIGORS
OF OUT-OF-STATE EMPLOYER/PAYERS OF INCOME
As an obligor of child or spousal support whose employer or payer of income in a state other than Tennessee receives either the attached initial Income Withholding for Support (Order for Income Assignment) or the attached modified Income Withholding for Support (Order for Income Assignment) from the State of Tennessee, you may appeal the issuance of the Order pursuant to the provisions of Section 506 of the Uniform Interstate Family Support Act (UIFSA) [codified in Tennessee at T.C.A. § 36-5-2506].
These provisions are as follows:
1. An obligor may contest the validity or enforcement of an income-withholding order issued in Tennessee and received directly by your employer in this state in the same manner as if the order had been issued by a tribunal of the state of your employer or payer of income [UIFSA Section 604] [T.C.A. § 36-5-2604] (Choice of Law) applies to the contest.2. The obligor shall give notice of the contest to:(a) The Tennessee child support office noted in the attached Order;(b) Your employer or payer of income named in the attached Order that has received an income withholding order; and(c) The person [the caretaker of the child] or agency [the Tennessee Court or Tennessee Child Support office] designated to receive payments in the income-withholding order or if no person or agency is designated, to the person who is the recipient of the support.3. Section 604 of UIFSA [T.C.A. § 36-5-2604] provides that: (a) The law of Tennessee governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order.(b) In a proceeding for arrearages before a Tennessee tribunal, Tennessee's statute of limitations governs. Effective July 1, 1997, there is no statute of limitations for child support obligations in Tennessee, meaning that support can be collected at any time and can always be collected until the support obligation is satisfied.Tenn. Comp. R. & Regs. 1240-02-02-.13
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, 28-3-110, 36-2-321, 36-5-103, 36-5-116, 36-5-501, 36-5-2506, 36-5-2604, 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); and 45 C.F.R. §§ 303.6(c)(1), 303.7, and 303.100.