1. (1) For a modification of the amount of a previous Income Withholding for Support (Order for Income Assignment), the Notice form in Paragraph (3) will be attached, by the Department of Human Services or its contractors enforcing child support under Title IV-D, to the modified Order.

2. (2) Appeals.

   1. (a) The obligor may contest this Notice of Income Assignment by filing a written request for an administrative hearing with the local child support office shown on the Notice within fifteen (15) days of the mailing of the Notice. The grounds for contesting the Notice are that the income withholding is improper due to a mistake of fact, or the amount withheld is improper due to a mistake of fact.
   2. (b) If the obligor contests the Notice of Income Assignment within the above time limit, a hearing will be promptly set. The employer will continue to withhold income unless a decision favorable to the obligor is rendered. The obligor and the employer will be notified of the decision within forty-five (45) days of the date the Income Withholding for Support (also called an Order for Income Assignment or Income Assignment) was issued. If an unfavorable decision is rendered, the obligor has a right to further appeal the decision as described in the Department’s administrative order following the decision.
3. (3) Form: STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES NOTICE OF MODIFICATION OF INCOME ASSIGNMENT TO: ____________________________________<OBLIGOR> ____________________________________<ADDRESS> ____________________________________ FROM: ____________________________________<LOCAL CHILD SUPPORT OFFICE > ____________________________________<ADDRESS> ____________________________________<TELEPHONE NUMBER> MAILING DATE OF NOTICE: ___________________________________ Pursuant to a court order, statutory requirements directing payment by Income Withholding for Support (Order for Income Assignment), or administrative actions by the Department of Human Services, you have been ordered to pay your child support obligation by means of an income assignment. This is to notify you that the original Income Withholding for Support (Order for Income Assignment) has been modified and that your employer, or other person, corporation, or institution which is a payer of income has been directed, pursuant to T.C.A. § 36-5-501, to withhold a greater or lesser amount of income payable to you to satisfy your support obligation. Your income assignment has been modified in the following manner: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ You may contest this Notice of Modification 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 that the income withholding is improper due to a mistake of fact, or the amount withheld is improper due to a mistake of fact. 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 Income Withholding for 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 administrative order following the decision. It is your responsibility to 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. 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, 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. Public necessity rule filed May 20, 2005; effective through November 1, 2005. Amendments filed August 17, 2005; effective October 31, 2005. Amendment filed September 8, 2009; effective December 7, 2009.