Section 1240-02-06-.04 - NOTICES OF REVIEW, REVIEW ALTERNATIVES AND APPEALS(1) Form of Notices-Exceptions. Except as otherwise provided in paragraphs (3) and (4), all notices under this Chapter shall be sent by regular U.S. mail to the non-custodial parent and to the custodial parent or other caretaker of the child at the address provided by them as reflected in the Department's official child support records.
(2) Notice to Custodial and Non-Custodial Parent and Caretaker of a Requested Review.(a) When a review is requested by the parties or initiated by the Department, the Department shall give written notice to the non-custodial parent, the custodial parent and/or the caretaker of the child that a review of the order of support has been initiated.(b) The notice shall include information regarding the opportunity available to the non-custodial parent, the custodial parent and/or the caretaker of the child to present to the Department evidence about income of the parties, expenses for the children, any credits which the party may wish to be considered, or other matters which may have an effect on the appropriate amount of child support due under the child support guidelines.(c) When the review is complete, the Department shall give written notice of the review findings to the non-custodial parent, the custodial parent and/or the caretaker of the child.(3) Notice of Intent to Administratively Adjust the Child Support Order. If the Department elects to seek the adjustment of the support order by issuance of an administrative order, notice of the proposed administrative adjustment to the order of support may be sent by regular U.S. mail, certified mail, return receipt requested, electronic mail, or facsimile transmission to the last known address of the non-custodial parent, the custodial parent and/or the caretaker of the child thirty (30) calendar days prior to the issuance of the administrative order adjusting the order of support; provided, however, if the initial notice is determined to be undeliverable, then before administratively adjusting an order of support, the Department shall ensure that service of the notice of its intent to administratively adjust the support order is confirmed by certified mail or by personal service.
(4) Election by Custodial Parent, Non-Custodial Parent, and/or Caretaker to Utilize Judicial Review of Proposed Adjustment.(a) The non-custodial parent, the custodial parent and/or the caretaker of the child shall have the right to contest the proposed administrative adjustment to the order of support within thirty (30) days of the mailing date of the notice of the proposed administrative adjustment to the order of support, or within thirty (30) days of the date of service by certified mail or personal service if the initial notice is determined to be undeliverable, by filing a motion for a hearing on the proposed adjustment with the court having jurisdiction to modify the order of support and by providing written notice of the hearing to the Department by copy of such motion.(b) The review by the court shall be completed within timeframes established by federal law or regulation, which is one hundred eighty (180) days as of the effective date of this Chapter, or as may be otherwise amended by federal law or regulations.(c) If the non-custodial parent, the custodial parent and/or the caretaker of the child contests the proposed administrative adjustment pursuant to the procedure in this paragraph, no further administrative appeal to the Department shall be available, and appeal of the determination of the court regarding the support order shall be made pursuant to the Tennessee Rules of Appellate Procedure.(5) Administrative Adjustment If Judicial Review Is Not Elected.(a) If, upon receipt of the notice provided by the Department pursuant to paragraph (3) above, neither the non-custodial parent, the custodial parent, nor the caretaker of the child contests the proposed administrative adjustment to the order of support according to the requirements of subparagraph (4)(a) above, the Department shall issue the administrative order adjusting the order of support.(b) A copy of an administrative order adjusting the child support order shall be sent to the clerk of the court that has jurisdiction over the child support order which has been administratively adjusted, and the administrative order shall be filed in the court record.(c) A copy of the administrative order shall be sent to the non-custodial parent, the custodial parent and/or the caretaker of the child by the Department by general mail to the last known address shown in the Department's records with notice to the non-custodial parent, the custodial parent and/or the caretaker of the child of the right to appeal the administrative order adjusting the child support order.(d) If an order of support is adjusted by administrative order of the Department pursuant to this paragraph, the non-custodial parent, the custodial parent and/or the caretaker of the child shall have the right to administratively appeal the adjustment by requesting the appeal to the Department as provided in T.C.A. §§ 36-5-1001, et seq. and T.C.A. §§ 4-5-301, et seq.(e) The non-custodial parent, the custodial parent and/or the caretaker of the child may request a stay of the administrative order pursuant to the provisions of the Uniform Administrative Procedures Act compiled in T.C.A. §§ 4-5-303, et seq.(f) The appeal from any decision resulting from the administrative appeal shall be to the court having jurisdiction of the support order, and shall be subject to the limited scope of review as provided pursuant to T.C.A. § 36-5-1003.(6) Notice of the right to request a review, and, if appropriate, adjustment of the child support order shall be sent to the non-custodial parent, the custodial parent and/or the caretaker of the child by the Department at least every three (3) years for a child subject to an order being enforced pursuant to Title IV-D of the Social Security Act. The notice may be included in the order.(7) The review and adjustment may be delayed if the best interests of the child so require. Such interests would include the threat of physical or emotional harm to the child if the review and adjustment were to occur or the threat of severe physical or emotional harm to the child's custodial parent or caretaker.Tenn. Comp. R. & Regs. 1240-02-06-.04
Original rule filed October 21, 2004; effective January 4, 2005.Authority: T.C.A. §§ 4-5-202; 36-5-103(f); 36-5-807; 71-1-105(1), (12), and (16); 71-1-132; Acts 2004, Ch. 728; 42 U.S.C. § 666(a)(10); 45 C.F.R.§ 303.8.