Section 1240-02-06-.03 - REVIEW, ADJUSTMENT CYCLES; EVIDENCE STANDARDS(1) Every three (3) years, in any support order subject to enforcement under Title IV-D of the Social Security Act, the Department shall initiate a review upon request by the custodial or non-custodial parent, or any other caretaker of the child, or, if there is an assignment of support pursuant to T.C.A. § 71-3-101, et seq., the Department shall automatically initiate a review, and, in either case, if appropriate under the child support guidelines, the Department shall seek an adjustment of the support order in accordance with child support guidelines established pursuant to T.C.A. § 36-5-101(e) without a requirement for proof of or showing of any other change in circumstances. Evidence of a "significant variance," as defined by the Department's child support guidelines, between the current support order and the amount that would be ordered under the Department's child support guidelines, must be demonstrated to permit an adjustment of the order. The provisions of Chapter 1240-2-4, Child Support Guidelines, must be referenced for further requirements and exceptions relative to application of the significant variance rule.(2) Between three-year cycles, in any support order subject to enforcement under Title IV-D of the Social Security Act, upon request of the custodial or non-custodial parent, or any other caretaker of the child, or, upon the request of the Department, if there is an assignment of support pursuant to T.C.A. § 71-3-101, et seq., the Department shall review, and, if the available evidence demonstrates to the Department that there has been a substantial change in circumstances, the Department shall seek an adjustment to the support order in accordance with the guidelines established pursuant to T.C.A. § 36-5-101(e). For purposes of this subparagraph, a "substantial change in circumstances" shall be a "significant variance," as defined by the Department's child support guidelines at Chapter 1240-2-4, between the amount of the current order and the amount that would be ordered under the Department's child support guidelines.(3) The review and adjustment in paragraphs (1) and (2) may be conducted by the court, or by the Department by issuance of an administrative order by the Department or its contractors.Tenn. Comp. R. & Regs. 1240-02-06-.03
Original rule filed October 21, 2004; effective January 4, 2005. Amendment filed September 10, 2007; effective November 24, 2007.Authority: T.C.A. §§ 4-5-202, 36-5-101(e), 36-5-103(f), 71-1-105(1), (12), (15) and (16), 71-1-132; Acts 2004, Ch. 728; 42 U.S.C. §§ 664, 666(a)(10) and 667; and 45 C.F.R. §§ 302.56 and 303.8.