Tenn. Comp. R. & Regs. 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.
Notes
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).
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