FORMS FOR WITHHOLDING OF INCOME FOR CHILD SUPPORT (Rule 1240-2-2-.09) CHAPTER 1240-2-2 STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES NOTICE OF INCREASE IN INCOME ASSIGNMENT TO ADMINISTRATIVELY REDUCE ARREARS TO: ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ FROM: MAILING DATE OF NOTICE: ___________________________________ Our records indicate that you are delinquent on your child support or spousal payments of at least $________ as of ____________________. Pursuant to Tennessee Code Annotated, §36-5-501(b)(1)(B)-(E), you are hereby notified that, in addition to all sums you are currently paying by previously ordered income assignments, $______________ per ________________ has been added to reduce the aforementioned delinquency. The amount set forth above has been determined to be a reasonable amount which will reduce the delinquency in a reasonable amount of time. You may contest this Notice of Income Assignment by filing a written request for an administrative hearing with the Local Child Support Office at the address above within fifteen (15) days of the mailing of this notice as noted above. The grounds for contesting the Notice are limited to a determination of the correct identity of the person(s) or entity(ies) to whom or to which the administrative action is directed, to whether there is a mistake of fact involving the action, and: 1. 2. A determination of the amount of arrearage; Whether the amount of payments on the arrearage, if the amount of payments were not previously ordered by the court, is reasonable as to the amount to be paid and the time over which the obligation is to be paid; and Whether the withholding of income was otherwise appropriate pursuant to the conditions of T.C.A. §36-5-501. 3. If you contest this Notice of Income Assignment within the above time limit, a hearing will be promptly set. Your employer will continue to withhold income unless a decision favorable to you is rendered. You and your employer will be notified of the decision within forty-five (45) days of the date the Order/Notice to Withhold Income for Child Support (also called an Order for Income Assignment or Income Assignment) was issued. If an unfavorable decision is rendered, you have a right to further appeal the decision as described in the Department's hearing order following the decision. It is your responsibility to the keep the Court Clerk and the Local Child Support Office informed of the name and address of your current employer, whether you have access to health insurance coverage, and, if so, the health insurance policy information. You must also immediately notify the Court Clerk and the Local Child Support Office of any changes in, or any additional employment, including the name and address of the new employer. Your new employer will be notified of the Order for Income Assignment. An Order for Income Assignment shall be mandatory as long as current support or arrearages are still owed. October, 2005 (Revised) 1 American LegalNet, Inc. www.USCourtForms.com FORMS FOR WITHHOLDING OF INCOME FOR CHILD SUPPORT (Rule 1240-2-2-.09, continued) CHAPTER 1240-2-2 Clerks of court are authorized to issue an Order for Income Assignment to the employer or payer of income of the obligor and to institute the process to assign income when the obligor fails to pay court costs, but shall not have priority over the Order for Income Assignment for child or spousal support. Authority: T.C.A. §§ 4-5-202, 8-21-403, 36-5-116, 36-5-501, 36-5-1002, 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); 45 C.F.R. §§ 303.6(c)(1), 303.7, and 303.100; and United States Department of Health and Human Services Office of Child Support Enforcement Action Transmittal 04-05 (July 15, 2004). Administrative History: Original rule filed October 14, 1999; effective December 28, 1999. Amendment filed August 17, 2005; effective October 31, 2005. October, 2005 (Revised) 2 American LegalNet, Inc. www.USCourtForms.com
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