Tennessee § 36-5-113 - Plans for payment of child support; work requirements.

§ 36-5-113. Plans for payment of child support; work requirements.

In any case in which a child is receiving assistance under a state program funded under Title IV-A of the Social Security Act (42 U.S.C. § 601 et seq.), including, but not limited to, temporary assistance as provided under title 71, and the payment of support for such child is overdue, then the department of human services may issue an administrative order to direct an individual who owes overdue support to such a child to pay the overdue support in accordance with a plan for payment of all overdue support. The plan shall require the obligor to pay the overdue amount in full, or by monthly installments that are calculated to reduce the overdue amount by a reasonable payment over a reasonable period of time. The order may be enforced by either the court with jurisdiction of the support order or by the department pursuant to § 36-5-811 or § 36-5-812, or by any other remedies available for the collection or enforcement of current support. The department may also order the individual who is not incapacitated and who is subject to a plan requiring payment of the overdue support for a child receiving assistance under a state program funded under Title IV-A of the Social Security Act, including, but not limited to, temporary assistance as provided under title 71, to engage in work activities as required under § 71-3-104. A copy of the order issued pursuant to this section shall be filed with the court. An order issued by the department pursuant to this part may be appealed as provided in part 10 of this chapter. For purposes of this section, “overdue” support is defined as any occasion on which the full amount of support ordered for or on behalf of a minor child, or for a spouse or former spouse of the obligor with whom the child is living to the extent the spousal support would be included for the purposes of 42 U.S.C. § 654(4), is not paid by the due date for arrears as defined in § 36-5-101(f)(1), unless an income assignment is in effect and the payer of income is paying pursuant to § 36-5-501(g). Acts 1997, ch. 551, § 48; 1998, ch. 1098, § 17. Compiler's Notes. Acts 1998, ch. 1098, § 17 contained a second sentence in (c) which read: “No fee shall be charged for the filing of the order; provided, however, if Senate Bill 3303/House Bill 3305 is enacted and the cost reimbursement provisions are implemented as provided therein, the provisions of this sentence shall be void.” The bill was enacted as Acts 1998, ch. 1048, so the second sentence was not codified.