Section 1240-02-05-.02 - DEFINITIONSFor purposes of this Chapter the following terms shall have the following meanings:
(1) "Administrative action" means procedures undertaken by the Department or its contractors by administrative order pursuant to law or regulations.(2) "Arrears" or "Arrearage" means any occasion on which the full amount of support ordered for or on behalf of a minor child, or for a spouse or former spouse of the obligor with whom the child is living to the extent the spousal support would be included for the purposes of 42 USC 654 A(4), is not paid by the due date which causes the support to become "in arrears" as defined in T.C.A. § 36-5-101(a)(5), unless an income assignment is in effect and the payer of income is paying pursuant to subsection § 36-5-101(g). (a) Tennessee Code Annotated, Section 36-5-101(a)(5) defines "in arrears" as the circumstances existing when the full amount of child support is not paid by the date upon which the ordered support is due. The unpaid amount at that time is "in arrears, and shall become a judgment for the unpaid amounts.(b) Arrears or arrearage may also be known as and referred to in these rules as "overdue" support or "past-due" support.(c) Arrears shall include the totals of all amounts of support that are not paid and that remain unpaid by the obligor at the time a lien is perfected, or which become due as arrears subsequent to the perfection of the lien.(3) "Child support" or "support" for purposes of this Chapter means a judgment, decree, or order, whether temporary, final or subject to modification issued by a court of competent jurisdiction or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the state which issued the order, and shall include the support of a parent with whom the child is living, and which, judgment, decree or order provides for monetary support, health care, arrearages, or reimbursement, and which may include related costs and fees, interest, penalties, income withholding, attorneys fees and other relief.(4) "Current support obligation" means the amount of support due each month pursuant to a judicial or administrative order.(5) "Department" means the Tennessee Department of Human Services, or its contractors who provide child support services to the Department in the courts of Tennessee, or by way of administrative processes and accompanying due process procedures, as part of the Department's responsibilities under Title IV-D of the Social Security Act. The Department is the single state child support agency pursuant to Title IV-D of the Social Security Act, 42 USC 651 et seq.(6) "Final Order" means for purposes of this Chapter, an order, whether administrative or judicial, for seizure or sale of an obligor's property shall be final when the obligor either fails to appeal the order in a timely way as provided by this Chapter or when the administrative or judicial remedies provided by this Chapter or by Tennessee Code Annotated, §§ 36-5-901 et seq. and §§ 36-5-1001 et seq. have been exhausted.(7) "Financial institution" means for purposes of this Chapter: (a) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act ( 12 USC §1813(c) );(b) An institution-affiliated party, as defined in Section 3(u) of such Act ( 12 USC §1813(u) );(c) Any Federal credit union or State credit union as defined in Section 101 of the Federal Credit Union Act ( 12 USC §1752), including for the purposes of this Chapter an institution-affiliated party of such a credit union, as defined in Section 206 of such Act ( 12 USC §1786);(d) Any benefit association, insurance company, safe deposit company, money-market mutual fund, securities broker/dealer or similar entity authorized to conduct business in this State.(8) "Levy" means the imposition of a claim of the Department upon the property of the obligor and shall include an administrative order issued by the Department for seizure or encumbrance of any assets or property of the obligor.(9) "Lien" means a claim or charge on property for payment of a debt, obligation or duty, and in particular, the duty of child support.(10) "Lien obligation" means that once a lien has been perfected by automated means or by notice of lien or by other methods, the amount of the lien will reflect the amount due by an obligor on the date of seizure, or if by automated means, the amount shown on the TACSLR lien screen.(11) "Obligee" means the person or agency to which a duty of child or spousal support is owed by an obligor.(12) "Obligor" means the person who owes a duty of support to a child or the child's parent or caretaker.(13)(a) "Overdue support" means for purposes of this Chapter, any occasion on which the full amount of ordered support for or on behalf of a minor child, or for a spouse or former spouse of the obligor with whom the child is living to the extent spousal support would be included for the purposes of 42 U.S.C. § 654(4), is not paid by the due date for arrears as defined in § 36-5-101(a)(5) unless an income assignment is in effect and the payer of income is paying pursuant to § 36-5-101(g).(b) "Overdue support" shall include all amounts of support that are in arrears as defined in § 36-5-101(a)(5) and 1240-2-5-.02(b) and that remain unpaid by the obligor at the time the lien is perfected or which become due as arrears subsequent to the perfection of the lien.(c) The term "overdue support" may be used interchangeably with "arrears" or "past due support as described in 1240-2-5-.02(b).(14) "Past-due" support shall have the same meaning as "arrears" or "overdue support" as defined in 1240-2-5-.02(b).(15) "Qualified domestic relations order" means a domestic relations order, as defined in 29 USC §1056(d), which creates or recognizes the existence of an alternate payee's right, or assigns to an alternate payee the right, to receive all or a portion of the benefits payable with respect to a participant under a pension plan and which meets the requirements of 29 USC §1056(d).(16) "Register" or "Register of Deeds" means the county official whose office is responsible for the recording of documents and other information relative to real property transactions, liens on property, and other documents as required by law.(17) "Secretary of State's Division of Business Services" means the Division of the Department of State which, among other responsibilities, files and maintains records of financing statements on secured transactions under the Uniform Commercial Code (UCC), as well as amendments, releases, assignments, continuations and terminations, and maintains information about, and copies of, filed documents.(18) "TACSLR" means the Tennessee Automated Child Support Lien Registry which is to be established and operated in the future by the Department of Human Services containing data and functions through an internet based application for the recording by that application, or, if determined appropriate, in the offices of the Registers of Deeds, the Office of the Secretary of State, and other appropriate locations, of any information to establish and perfect liens on the real and personal property of support obligors.(19) "TCSES" means the Tennessee Child Support Enforcement System operated by the Department of Human Services containing data and functions for the recording of child or spousal support data and for collection, distribution, and disbursement of child and spousal support payments.(20)(a) "Title IV-D" means Title IV-D of the Social Security Act codified at 42 United States Code Annotated § 651 et seq. Title IV-D establishes the joint Federal/State child support enforcement program in effect in all States and Territories of the United States.(b) The Department of Human Services is the Title IV-D support enforcement agency for the State of Tennessee and through that program provides legal services for establishment, modification and enforcement in Title IV-D support cases.(c) Title IV-D support cases include both the obligations which are owed to the State of Tennessee through the assignment of rights of Families First or Aid to Families with Dependent Children (AFDC), also "welfare" recipients, and services provided to obligees who are not, or may never have been recipients of Families First or AFDC, and who have applied for support services through the Department or its contractors.(d) In addition, the Department is required by Federal regulations to provide services through the offer of Title IV-D services to obligors who seek modifications of their support obligation or who may seek establishment of paternity.Tenn. Comp. R. & Regs. 1240-02-05-.02
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; 71-1-132; 29 USC §1056(d); 42 USC §§654a(a), (g) and (h); 659(i), and 666(c)(1)(G) and (c)(3).