| Rights and Responsibilities
Any parent or caregiver of a child who needs child support
services can apply, free of charge, at a local child support office.
Child support services are
available to both custodial and non-custodial parents. These services come with certain
rights as well as certain responsibilities. (Click here for more
information on Employer Rights and Responsibilities).
Your Rights
We can help you:
- Establish paternity if fatherhood is
not legally
established.
- Establish child support orders if no order for
support exists.
- Establish medical support if no order for medical
support exists.
- Enforce child support and medical support orders
if the terms of the order are not met.
- Review and adjust support/medical orders
if the
circumstances of the parties involved changes.
We cannot provide you the following:
- Guarantee success on any actions taken by the office.
- Guarantee results within any specific timeframe.
- Determine or enforce orders for
custody or visitation.
- Harass either party to a child support case.
- Provide legal representation.
How our office will behave:
- We will treat all parties to a child support matter with
respect. We will treat all customers equally.
- We will maintain the confidentiality of the participants in
a child support case.
- We (including our attorneys) will represent the State's
interest in your child support matters, not you individually.
- We will follow all Federal and State regulations with
respect to the child support enforcement program.
- We will take actions as defined by
Federal and State
laws around child support and local judicial practice.
- We will provide services to all those who apply. This may
mean that we will be serving someone whose interests are different from yours.
Your Responsibilities
Obtaining and providing support for your
child can be
a very difficult and emotional process. Our experience shows that child support
enforcement services are most effective when everyone involved works together for the
benefit of the child. This includes the custodial and non-custodial parents as
well as the child support office. Our efforts on your
behalf will be most effective if you help us help you.
To provide you with effective child support services, we
need you to:
- Inform your caseworker of any changes in your:
- Residence
- Mailing address
- Employment
- Income
- Other things that might affect your child support case
- Inform your caseworker of any changes in the other
party's:
- Residence
- Mailing address
- Employment
- Income
- Keep your appointments with your local child support office.
If you are not able to keep your appointment, notify the office at least one day in
advance.
- Return all phone calls and letters quickly.
- Provide us with information needed to establish paternity
and locate non-custodial parents.
- If you are a recipient of Families First (formerly AFDC) and
TennCare/Medicaid and Foster Care, you have certain obligations to work with our office.
See below for more detail.
Families First and TennCare/Medicaid Recipients'
Responsibilities
Recipients of Families First (formerly AFDC) and
TennCare/Medicaid and Foster Care cases are automatically referred to the child support
program if a parent is absent from a child's home. Recipients of public assistance
benefits must work with the child support office to:
- Locate the non-custodial parent
- Establish paternity
- Establish a child support order
- Enforce a child support order
As a Families First or TennCare recipient, you may claim a
"good cause" exception if cooperating with the child support office might be
harmful to yourself or your child. For example, if you might be physically harmed for
revealing the identity of your child's father, discuss this with your Families First case
manager. Your case manager can tell you more about reasons for claiming good cause and the
kinds of proof you will need to provide. If you do not cooperate with the child support
program and have not established "good cause," you could lose eligibility for
Families First benefits.
As a recipient of public assistance benefits, you assign
your rights to collect child support to the state. Any child support payments received
directly from the other parent must be sent to the state.
Send all child support payments
or payments received directly from the non-custodial parent to:
Child Support Receipting Unit
P.O. Box 305200
Nashville, TN 37229
Be sure to write your name, the child support case number,
the name of the parent who paid the support, and the date the payment was received on all
support money. Cashier's checks, certified checks, or money orders should be made out to
the Department of Human Services.
Families Not Receiving Families First Benefits
Customers who do not receive Families First benefits are
provided the same child support services and are treated equally with customers who do
receive these benefits.
Employer Responsibilities
Employers play a critical role in the child support
enforcement program. Wage withholding is one of the most effective ways to help families
obtain support. As a result, employers face important responsibilities. Federal law
requires that employers:
- Withhold wages from employees who owe child support in
accordance with withholding orders and notices sent by the child support agency.
- Supply children with medical insurance in accordance with
medical support orders.
- Inform employees immediately of withholding orders and
notices from other states (Tennessee will send notices of withholding directly to the
employee).
- Report all newly hired employees to the state's New Hire
Operations Center within 20 days of hire.
- Continue to follow the requirements of a withholding order
until informed in writing by a child support office, the court, or the state that issued
the order. If the employee disputes the income withholding notice or believes
it has
expired, he or she should contact the Child Support Customer Call Center, 1-800-838-6911
or (615) 253-4394 (Nashville area), contact a private attorney, or file a motion to quash
the withholding order with the clerk of court.
- Treat employees with wage withholding orders equally with
other staff members. An employer who terminates, disciplines an employee, or refuses to
hire a person because of a child support income withholding order faces legal penalties.
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