Section 1240-02-05-.01 - PURPOSE AND SCOPE(1) Section 368 of the Personal Responsibility and Work Opportunity Reconciliation (Welfare Reform) Act of 1996 ( Public Law 104-193 ) codified at 42 United States Code Annotated 666(a)(4) requires that all states have laws in effect that cause liens to arise by operation of law against all real and personal property owned by a child support obligor who has overdue support payments, and 42 United States Code Annotated §654a(g) and (h) and §666(c)(1)(G) require that automated systems be utilized in the process of enforcing those liens.(2) Federal law at 42 USC §666(c)(1)(G) requires that where there is a support arrearage, the states have in effect provisions to satisfy both current support obligations and arrearages by allowing the State to intercept or seize from State or local agencies or any other person or entity holding any assets of an obligor including periodic or lump-sum payments such as, but not limited to, unemployment compensation, workers' compensation, and other benefits, and judgments, settlements and lottery winnings, by attaching and seizing assets of the obligor held in financial institutions, by attaching public and private retirement funds, by imposing liens on the property of an obligor by operation of law and by enforcing the liens against child support obligors by the sale of property and distribution of the proceeds.(3) Tennessee Code Annotated, § 36-5-901(b)(1) and (3) permit the Department to file notices of a lien arising under paragraphs (1) and (2) on the real and personal property in the appropriate place for the filing of such liens or security interests in the property of a child support obligor, and allows for the filing of such liens by automated processes where feasible.(4) The purpose of this Chapter is to establish procedures for the establishment of liens in favor of the Department of Human Services for the collection of current support and overdue support pursuant to the Title IV-D child support program and to establish procedures for the enforcement of those liens.Tenn. Comp. R. & Regs. 1240-02-05-.01
Original rule filed December 18, 2001; effective March 3, 2002.Authority: T.C.A. §§ 4-5-202; 36-5-901 et seq.; 36-5-912; 36-5-1001 et seq.; 45-19-101; 71-1-132; 42 USC §§ 654a(a), (g) and (h), and 666(c)(1)(G).