Tenn. Code Ann. § 36-3-619 — TN Code / Title 36 / Chapter 3 / Section 36-3-619
Officer response - Primary aggressor - Factors - Reports - Notice to victim of legal rights - Ex parte protection order
Status: in_force

(a) If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic abuse, whether the crime is a misdemeanor or felony, or was committed within or without the presence of the officer, the preferred response of the officer is arrest. (b) If a law enforcement officer has probable cause to believe that two (2) or more persons committed a misdemeanor or felony, or if two (2) or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor. The officer shall presume that arrest is not the appropriate response for the person or persons who were not the primary aggressor. If the officer believes that all parties are equally responsible, the officer shall exercise such officer's best judgment in determining whether to arrest all, any or none of the parties. (c) To determine who is the primary aggressor, the officer shall consider: (1) The history of domestic abuse between the parties; (2) The relative severity of the injuries inflicted on each person; (3) Evidence from the persons involved in the domestic abuse; (4) The likelihood of future injury to each person; (5) Whether one (1) of the persons acted in self-defense; and (6) Evidence from witnesses of the domestic abuse. (d) A law enforcement officer shall not: (1) Threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage future requests for intervention by law enforcement personnel; or (2) Base the decision of whether to arrest on: (A) The consent or request of the victim; or (B) The officer's perception of the willingness of the victim or of a witness to the domestic abuse to testify or participate in a judicial proceeding. (e) When a law enforcement officer investigates an allegation that domestic abuse occurred, the officer shall make a complete report and file the report with the officer's supervisor in a manner that will permit data on domestic abuse cases to be compiled. If a law enforcement officer decides not to make an arrest or decides to arrest two (2) or more parties, the officer shall include in the report the grounds for not arresting anyone or for arresting two (2) or more parties. (f) Every month, the officer's supervisor shall forward the compiled data on domestic abuse cases to the administrative director of the courts. (g) When a law enforcement officer responds to a domestic abuse call, the officer shall: (1) Offer to transport the victim to a place of safety, such as a shelter or similar location or the residence of a friend or relative, unless it is impracticable for the officer to transport the victim, in which case the officer shall offer to arrange for transportation as soon as practicable; (2) Advise the victim of a shelter or other service in the community; (3) Give the victim notice of the legal rights available by giving the victim a copy of the following statement: IF YOU ARE THE VICTIM OF DOMESTIC ABUSE, you have the following rights: 1. You may file a criminal complaint with the district attorney general (D.A.). 2. You may request a protection order. A protection order may include the following: (A) An order preventing the abuser from committing further domestic abuse against you; (B) An order requiring the abuser to leave your household; (C) An order preventing the abuser from harassing you or contacting you for any reason; (D) An order giving you or the other parent custody of or visitation with your minor child or children; (E) An order requiring the abuser to pay money to support you and the minor children if the abuser has a legal obligation to do so; and (F) An order preventing the abuser from stalking you. The area crisis line is ______________ The following domestic abuse shelter/programs are available to you: ______________ ______________ and (4) Offer to transport the victim to the location where arrest warrants are issued in that city or county and assist the victim in obtaining an arrest warrant against the alleged abuser. (h) (1) For good cause shown, the court may issue an ex parte order of protection pursuant to § 36-3-605 upon a sworn petition filed by a law enforcement officer responding to an incident of domestic abuse who asserts in the petition reasonable grounds to believe that a person is in immediate and present danger of abuse, as defined in § 36-3-601 , and that the person has consented to the filing in writing; provided, that the person on whose behalf the law enforcement officer seeks the ex parte order of protection shall be considered the petitioner for purposes of this part. (2) The law enforcement officer may seek on behalf of the person the ex parte order regardless of the time of day and whether or not an arrest has been made. (3) If an ex parte order is issued pursuant to this section outside of the issuing court's normal operating hours: (A) The law enforcement officer, judge, or judicial official shall cause the petition and order to be filed with the court as soon as practicable after issuance, but no later than two (2) business days after issuance; and (B) The law enforcement officer shall use reasonable efforts to notify the person on whose behalf the petition was filed and provide the person with a copy of the ex parte order as soon as practicable after issuance. (4) The court shall cause a copy of the petition, a notice of the date set for the hearing, and a copy of the ex parte order of protection to be served upon the respondent in accordance with § 36-3-605(c) . A hearing on whether or not the ex parte order of protection should be dissolved, extended, or modified shall be held within fifteen (15) days of service of the order on the respondent. The person who consented to the filing shall be given notice of the hearing and the right to be present at the hearing. The procedures set forth in § 36-3-605 shall apply. (5) Law enforcement officers shall not be subject to civil liability under this section for failure to file a petition or for any statement made or act performed in filing the petition, if done in good faith. Amended by 2016 Tenn. Acts, ch. 906, s 3, eff. 1/1/2017. Acts 1995, ch. 507, § 5; 1996, ch. 684, §§ 3, 4.
(a) If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic abuse, whether the crime is a misdemeanor or felony, or was committed within or without the presence of the officer, the preferred response of the officer is arrest.
(b) If a law enforcement officer has probable cause to believe that two (2) or more persons committed a misdemeanor or felony, or if two (2) or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor. The officer shall presume that arrest is not the appropriate response for the person or persons who were not the primary aggressor. If the officer believes that all parties are equally responsible, the officer shall exercise such officer's best judgment in determining whether to arrest all, any or none of the parties.
(c) To determine who is the primary aggressor, the officer shall consider: (1) The history of domestic abuse between the parties; (2) The relative severity of the injuries inflicted on each person; (3) Evidence from the persons involved in the domestic abuse; (4) The likelihood of future injury to each person; (5) Whether one (1) of the persons acted in self-defense; and (6) Evidence from witnesses of the domestic abuse.
(1) The history of domestic abuse between the parties;
(2) The relative severity of the injuries inflicted on each person;
(3) Evidence from the persons involved in the domestic abuse;
(4) The likelihood of future injury to each person;
(5) Whether one (1) of the persons acted in self-defense; and
(6) Evidence from witnesses of the domestic abuse.
(d) A law enforcement officer shall not: (1) Threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage future requests for intervention by law enforcement personnel; or (2) Base the decision of whether to arrest on: (A) The consent or request of the victim; or (B) The officer's perception of the willingness of the victim or of a witness to the domestic abuse to testify or participate in a judicial proceeding.
(1) Threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage future requests for intervention by law enforcement personnel; or
(2) Base the decision of whether to arrest on: (A) The consent or request of the victim; or (B) The officer's perception of the willingness of the victim or of a witness to the domestic abuse to testify or participate in a judicial proceeding.
(A) The consent or request of the victim; or
(B) The officer's perception of the willingness of the victim or of a witness to the domestic abuse to testify or participate in a judicial proceeding.
(e) When a law enforcement officer investigates an allegation that domestic abuse occurred, the officer shall make a complete report and file the report with the officer's supervisor in a manner that will permit data on domestic abuse cases to be compiled. If a law enforcement officer decides not to make an arrest or decides to arrest two (2) or more parties, the officer shall include in the report the grounds for not arresting anyone or for arresting two (2) or more parties.
(f) Every month, the officer's supervisor shall forward the compiled data on domestic abuse cases to the administrative director of the courts.
(g) When a law enforcement officer responds to a domestic abuse call, the officer shall: (1) Offer to transport the victim to a place of safety, such as a shelter or similar location or the residence of a friend or relative, unless it is impracticable for the officer to transport the victim, in which case the officer shall offer to arrange for transportation as soon as practicable; (2) Advise the victim of a shelter or other service in the community; (3) Give the victim notice of the legal rights available by giving the victim a copy of the following statement: IF YOU ARE THE VICTIM OF DOMESTIC ABUSE, you have the following rights: 1. You may file a criminal complaint with the district attorney general (D.A.). 2. You may request a protection order. A protection order may include the following: (A) An order preventing the abuser from committing further domestic abuse against you; (B) An order requiring the abuser to leave your household; (C) An order preventing the abuser from harassing you or contacting you for any reason; (D) An order giving you or the other parent custody of or visitation with your minor child or children; (E) An order requiring the abuser to pay money to support you and the minor children if the abuser has a legal obligation to do so; and (F) An order preventing the abuser from stalking you. The area crisis line is ______________ The following domestic abuse shelter/programs are available to you: ______________ ______________ and (4) Offer to transport the victim to the location where arrest warrants are issued in that city or county and assist the victim in obtaining an arrest warrant against the alleged abuser.
(1) Offer to transport the victim to a place of safety, such as a shelter or similar location or the residence of a friend or relative, unless it is impracticable for the officer to transport the victim, in which case the officer shall offer to arrange for transportation as soon as practicable;
(2) Advise the victim of a shelter or other service in the community;
(3) Give the victim notice of the legal rights available by giving the victim a copy of the following statement: IF YOU ARE THE VICTIM OF DOMESTIC ABUSE, you have the following rights: 1. You may file a criminal complaint with the district attorney general (D.A.). 2. You may request a protection order. A protection order may include the following: (A) An order preventing the abuser from committing further domestic abuse against you; (B) An order requiring the abuser to leave your household; (C) An order preventing the abuser from harassing you or contacting you for any reason; (D) An order giving you or the other parent custody of or visitation with your minor child or children; (E) An order requiring the abuser to pay money to support you and the minor children if the abuser has a legal obligation to do so; and (F) An order preventing the abuser from stalking you. The area crisis line is ______________ The following domestic abuse shelter/programs are available to you: ______________ ______________ and
IF YOU ARE THE VICTIM OF DOMESTIC ABUSE, you have the following rights:
1. You may file a criminal complaint with the district attorney general (D.A.).
2. You may request a protection order. A protection order may include the following: (A) An order preventing the abuser from committing further domestic abuse against you; (B) An order requiring the abuser to leave your household; (C) An order preventing the abuser from harassing you or contacting you for any reason; (D) An order giving you or the other parent custody of or visitation with your minor child or children; (E) An order requiring the abuser to pay money to support you and the minor children if the abuser has a legal obligation to do so; and (F) An order preventing the abuser from stalking you. The area crisis line is ______________ The following domestic abuse shelter/programs are available to you: ______________ ______________ and
(A) An order preventing the abuser from committing further domestic abuse against you;
(B) An order requiring the abuser to leave your household;
(C) An order preventing the abuser from harassing you or contacting you for any reason;
(D) An order giving you or the other parent custody of or visitation with your minor child or children;
(E) An order requiring the abuser to pay money to support you and the minor children if the abuser has a legal obligation to do so; and
(F) An order preventing the abuser from stalking you. The area crisis line is ______________ The following domestic abuse shelter/programs are available to you: ______________ ______________ and
The area crisis line is ______________
The following domestic abuse shelter/programs are available to you:
______________
and
(4) Offer to transport the victim to the location where arrest warrants are issued in that city or county and assist the victim in obtaining an arrest warrant against the alleged abuser.
(h) (1) For good cause shown, the court may issue an ex parte order of protection pursuant to § 36-3-605 upon a sworn petition filed by a law enforcement officer responding to an incident of domestic abuse who asserts in the petition reasonable grounds to believe that a person is in immediate and present danger of abuse, as defined in § 36-3-601 , and that the person has consented to the filing in writing; provided, that the person on whose behalf the law enforcement officer seeks the ex parte order of protection shall be considered the petitioner for purposes of this part. (2) The law enforcement officer may seek on behalf of the person the ex parte order regardless of the time of day and whether or not an arrest has been made. (3) If an ex parte order is issued pursuant to this section outside of the issuing court's normal operating hours: (A) The law enforcement officer, judge, or judicial official shall cause the petition and order to be filed with the court as soon as practicable after issuance, but no later than two (2) business days after issuance; and (B) The law enforcement officer shall use reasonable efforts to notify the person on whose behalf the petition was filed and provide the person with a copy of the ex parte order as soon as practicable after issuance. (4) The court shall cause a copy of the petition, a notice of the date set for the hearing, and a copy of the ex parte order of protection to be served upon the respondent in accordance with § 36-3-605(c) . A hearing on whether or not the ex parte order of protection should be dissolved, extended, or modified shall be held within fifteen (15) days of service of the order on the respondent. The person who consented to the filing shall be given notice of the hearing and the right to be present at the hearing. The procedures set forth in § 36-3-605 shall apply. (5) Law enforcement officers shall not be subject to civil liability under this section for failure to file a petition or for any statement made or act performed in filing the petition, if done in good faith.
(1) For good cause shown, the court may issue an ex parte order of protection pursuant to § 36-3-605 upon a sworn petition filed by a law enforcement officer responding to an incident of domestic abuse who asserts in the petition reasonable grounds to believe that a person is in immediate and present danger of abuse, as defined in § 36-3-601 , and that the person has consented to the filing in writing; provided, that the person on whose behalf the law enforcement officer seeks the ex parte order of protection shall be considered the petitioner for purposes of this part.
(2) The law enforcement officer may seek on behalf of the person the ex parte order regardless of the time of day and whether or not an arrest has been made.
(3) If an ex parte order is issued pursuant to this section outside of the issuing court's normal operating hours: (A) The law enforcement officer, judge, or judicial official shall cause the petition and order to be filed with the court as soon as practicable after issuance, but no later than two (2) business days after issuance; and (B) The law enforcement officer shall use reasonable efforts to notify the person on whose behalf the petition was filed and provide the person with a copy of the ex parte order as soon as practicable after issuance.
(A) The law enforcement officer, judge, or judicial official shall cause the petition and order to be filed with the court as soon as practicable after issuance, but no later than two (2) business days after issuance; and
(B) The law enforcement officer shall use reasonable efforts to notify the person on whose behalf the petition was filed and provide the person with a copy of the ex parte order as soon as practicable after issuance.
(4) The court shall cause a copy of the petition, a notice of the date set for the hearing, and a copy of the ex parte order of protection to be served upon the respondent in accordance with § 36-3-605(c) . A hearing on whether or not the ex parte order of protection should be dissolved, extended, or modified shall be held within fifteen (15) days of service of the order on the respondent. The person who consented to the filing shall be given notice of the hearing and the right to be present at the hearing. The procedures set forth in § 36-3-605 shall apply.
(5) Law enforcement officers shall not be subject to civil liability under this section for failure to file a petition or for any statement made or act performed in filing the petition, if done in good faith.
Amended by 2016 Tenn. Acts, ch. 906, s 3, eff. 1/1/2017.
Acts 1995, ch. 507, § 5; 1996, ch. 684, §§ 3, 4.
Tenn. Code Ann. § 36-3-616 — TN Code / Title 36 / Chapter 3 / Section 36-3-616
Domestic violence community education fund
Status: in_force

(a) There is hereby established a general fund reserve to be allocated through the general appropriations act, which shall be known as the domestic violence community education fund. Moneys from the fund shall be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues or interest earned by such revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from such reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. (b) The general assembly shall appropriate, through the general appropriations act, moneys from the domestic violence community education fund to the department of human services. Such appropriations shall be specifically earmarked for the purposes set out in this section. (c) All moneys appropriated from the domestic violence community education fund shall be used exclusively by the department to provide grants to the Tennessee task force against domestic violence. The commissioner of human services shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the distribution and use of the grant funds provided by it. Such grants shall be for the purpose of providing education, training and technical assistance to communities on domestic violence. Acts 1994, ch. 858, § 2.
(a) There is hereby established a general fund reserve to be allocated through the general appropriations act, which shall be known as the domestic violence community education fund. Moneys from the fund shall be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues or interest earned by such revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from such reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years.
(b) The general assembly shall appropriate, through the general appropriations act, moneys from the domestic violence community education fund to the department of human services. Such appropriations shall be specifically earmarked for the purposes set out in this section.
(c) All moneys appropriated from the domestic violence community education fund shall be used exclusively by the department to provide grants to the Tennessee task force against domestic violence. The commissioner of human services shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the distribution and use of the grant funds provided by it. Such grants shall be for the purpose of providing education, training and technical assistance to communities on domestic violence.
Acts 1994, ch. 858, § 2.
Tenn. Code Ann. § 36-5-1005 — TN Code / Title 36 / Chapter 5 / Section 36-5-1005
Liability for fees and costs
Status: in_force

The individual or entity to whom or to which the administrative order, administrative subpoena or request is issued pursuant to this part and that is enforced by the reviewing court shall be liable for all costs of the court proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D state office staff or contractor staff utilized in litigating the administrative order, administrative subpoena or request. Acts 1997, ch. 551, § 16.
The individual or entity to whom or to which the administrative order, administrative subpoena or request is issued pursuant to this part and that is enforced by the reviewing court shall be liable for all costs of the court proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D state office staff or contractor staff utilized in litigating the administrative order, administrative subpoena or request.
Acts 1997, ch. 551, § 16.
Tenn. Code Ann. § 36-5-3003 — TN Code / Title 36 / Chapter 5 / Section 36-5-3003
Transfer of support or custody cases
Status: in_force

(a) (1) Except as provided in § 36-5-3001(b) , a case that includes child support or custody provisions may be transferred between counties in this state without the need for any additional filing by the party seeking transfer by the filing of a request by the requesting party if: (A) The requesting party has served the nonrequesting party with the filing seeking the transfer; and (B) The nonrequesting party has not filed an objection within fifteen (15) days from the date the notice of the filing was mailed. (2) If the nonrequesting party files an objection pursuant to subdivision (a)(1)(B), the objection shall be in the form of a motion for review of the request in the transferor court. If an objection has been filed, the transferor court shall determine whether there is good cause for the transfer. If the court finds good cause for the transfer, it shall transfer the case. (b) Upon receipt of a request, the case must be transferred by the clerk of the issuing court, without order of the court, to a court of competent jurisdiction in the county where the child or children reside if each of the following applies: (1) Neither the child or children, custodial parent/obligee, nor the noncustodial parent/obligor currently reside in the issuing county; (2) The child or children who are subject to the support or custody order currently reside in the county to which the case is to be transferred and have resided there for at least six (6) months; and (3) No objection has been filed pursuant to subdivision (a)(2). (c) A case may also be transferred for modification of support or custody to any court of competent jurisdiction in the county in which the noncustodial parent/obligor resides in this state with no six-month residency period if both the child or children subject to the support or custody order and the custodial parent/obligee reside outside this state and the custodial parent/obligee does not object after the provision of notice pursuant to § 36-5-3004 . If objection is made, or if the requesting party does not seek immediate transfer without the six (6) month residency period, the requesting party may obtain transfer for modification of the order by demonstrating that the custodial parent/obligee and the child or children have resided outside this state for at least six (6) months. A transfer pursuant to this subsection (c) shall be initiated by written request of the requesting party or department pursuant to this part. (d) If the case has been transferred pursuant to this part, the fact that one of the parties or the child returns to the transferor county does not, by that fact alone, confer jurisdiction upon the previous transferor court. A transfer to the original issuing court requires compliance with the procedures of this part. (e) (1) "Custodial parent" for purposes of this part means the person with whom the child resides a majority of the time in a situation where there is an order of joint custody or where there exist parenting plans pursuant to chapter 6, part 4 of this title that address issues of custody. (2) "Custodial parent" for purposes of this part also includes, in addition to a biological or legal parent having legal custody of a child, an individual to whom legal custody of the child or children has been given by a court of competent jurisdiction. Amended by 2016 Tenn. Acts, ch. 668,s 1, eff. 7/1/2016. Acts 1997, ch. 551, § 5; 1998, ch. 1098, § 50; 2000, ch. 922, § 31.
(a) (1) Except as provided in § 36-5-3001(b) , a case that includes child support or custody provisions may be transferred between counties in this state without the need for any additional filing by the party seeking transfer by the filing of a request by the requesting party if: (A) The requesting party has served the nonrequesting party with the filing seeking the transfer; and (B) The nonrequesting party has not filed an objection within fifteen (15) days from the date the notice of the filing was mailed. (2) If the nonrequesting party files an objection pursuant to subdivision (a)(1)(B), the objection shall be in the form of a motion for review of the request in the transferor court. If an objection has been filed, the transferor court shall determine whether there is good cause for the transfer. If the court finds good cause for the transfer, it shall transfer the case.
(1) Except as provided in § 36-5-3001(b) , a case that includes child support or custody provisions may be transferred between counties in this state without the need for any additional filing by the party seeking transfer by the filing of a request by the requesting party if: (A) The requesting party has served the nonrequesting party with the filing seeking the transfer; and (B) The nonrequesting party has not filed an objection within fifteen (15) days from the date the notice of the filing was mailed.
(A) The requesting party has served the nonrequesting party with the filing seeking the transfer; and
(B) The nonrequesting party has not filed an objection within fifteen (15) days from the date the notice of the filing was mailed.
(2) If the nonrequesting party files an objection pursuant to subdivision (a)(1)(B), the objection shall be in the form of a motion for review of the request in the transferor court. If an objection has been filed, the transferor court shall determine whether there is good cause for the transfer. If the court finds good cause for the transfer, it shall transfer the case.
(b) Upon receipt of a request, the case must be transferred by the clerk of the issuing court, without order of the court, to a court of competent jurisdiction in the county where the child or children reside if each of the following applies: (1) Neither the child or children, custodial parent/obligee, nor the noncustodial parent/obligor currently reside in the issuing county; (2) The child or children who are subject to the support or custody order currently reside in the county to which the case is to be transferred and have resided there for at least six (6) months; and (3) No objection has been filed pursuant to subdivision (a)(2).
(1) Neither the child or children, custodial parent/obligee, nor the noncustodial parent/obligor currently reside in the issuing county;
(2) The child or children who are subject to the support or custody order currently reside in the county to which the case is to be transferred and have resided there for at least six (6) months; and
(3) No objection has been filed pursuant to subdivision (a)(2).
(c) A case may also be transferred for modification of support or custody to any court of competent jurisdiction in the county in which the noncustodial parent/obligor resides in this state with no six-month residency period if both the child or children subject to the support or custody order and the custodial parent/obligee reside outside this state and the custodial parent/obligee does not object after the provision of notice pursuant to § 36-5-3004 . If objection is made, or if the requesting party does not seek immediate transfer without the six (6) month residency period, the requesting party may obtain transfer for modification of the order by demonstrating that the custodial parent/obligee and the child or children have resided outside this state for at least six (6) months. A transfer pursuant to this subsection (c) shall be initiated by written request of the requesting party or department pursuant to this part.
(d) If the case has been transferred pursuant to this part, the fact that one of the parties or the child returns to the transferor county does not, by that fact alone, confer jurisdiction upon the previous transferor court. A transfer to the original issuing court requires compliance with the procedures of this part.
(e) (1) "Custodial parent" for purposes of this part means the person with whom the child resides a majority of the time in a situation where there is an order of joint custody or where there exist parenting plans pursuant to chapter 6, part 4 of this title that address issues of custody. (2) "Custodial parent" for purposes of this part also includes, in addition to a biological or legal parent having legal custody of a child, an individual to whom legal custody of the child or children has been given by a court of competent jurisdiction.
(1) "Custodial parent" for purposes of this part means the person with whom the child resides a majority of the time in a situation where there is an order of joint custody or where there exist parenting plans pursuant to chapter 6, part 4 of this title that address issues of custody.
(2) "Custodial parent" for purposes of this part also includes, in addition to a biological or legal parent having legal custody of a child, an individual to whom legal custody of the child or children has been given by a court of competent jurisdiction.
Amended by 2016 Tenn. Acts, ch. 668,s 1, eff. 7/1/2016.
Acts 1997, ch. 551, § 5; 1998, ch. 1098, § 50; 2000, ch. 922, § 31.
Tenn. Code Ann. § 36-2-311 — TN Code / Title 36 / Chapter 2 / Section 36-2-311
Order of parentage
Status: in_force

(a) Upon establishing parentage, the court shall make an order declaring the father of the child. This order shall include the following: (1) Full names and residential and mailing addresses of the mother, father and child, if known; (2) Dates of birth and social security numbers of the mother, father and the child, if known; (3) Father's place of birth, if known; (4) Home telephone number of the mother and the father, if known; (5) Driver license numbers of mother and father, if known; (6) Name, address and telephone number of mother and father's employers, if known; (7) Availability of health insurance to cover the child, if known; (8) Determination of the child's name on the child's birth certificate; (9) Determination of the custody of the child pursuant to chapter 6 of this title; (10) Determination of visitation or parental access pursuant to chapter 6 of this title; (11) (A) Determination of child support pursuant to chapter 5 of this title. When making retroactive support awards pursuant to the child support guidelines established pursuant to this subsection (a), the court shall consider the following factors as a basis for deviation from the presumption in the child support guidelines that child and medical support for the benefit of the child shall be awarded retroactively to the date of the child's birth: (i) The extent to which the father did not know, and could not have known, of the existence of the child, the birth of the child, his possible parentage of the child or the location of the child; (ii) The extent to which the mother intentionally, and without good cause, failed or refused to notify the father of the existence of the child, the birth of the child, the father's possible parentage of the child or the location of the child; and (iii) The attempts, if any, by the child's mother or caretaker to notify the father of the mother's pregnancy, or the existence of the child, the father's possible parentage or the location of the child; (B) In cases in which the presumption of the application of the guidelines is rebutted by clear and convincing evidence, the court shall deviate from the child support guidelines to reduce, in whole or in part, any retroactive support. The court must make a written finding that application of the guidelines would be unjust or inappropriate in order to provide for the best interests of the child or the equity between the parties; (C) Deviations shall not be granted in circumstances where, based upon clear and convincing evidence: (i) The father has a demonstrated history of violence or domestic violence toward the mother, the child's caretaker or the child; (ii) The child is the product of rape or incest of the mother by the father of the child; (iii) The mother or caretaker of the child, or the child has a reasonable apprehension of harm from the father or those acting on his behalf toward the mother, the child's caretaker or the child; or (iv) The father or those acting on his behalf, have abused or neglected the child; (D) Nothing in this subdivision (a)(11) shall limit the right of the state of Tennessee to recover from the father expenditures made by the state for the benefit of the child, or the right, or obligation, of the Title IV-D child support agency to pursue retroactive support for the custodial parent or caretaker of the child where appropriate; (E) Any amounts of retroactive support ordered that have been assigned to the state pursuant to § 71-3-124 shall be subject to the child support distribution requirements of 42 U.S.C. § 657 . In such cases, the court order shall contain any language necessary to allow the state to recover the assigned support amounts; (F) In making any deviations from awarding retroactive support, the court shall make written findings of fact and conclusions of law to support the basis for the deviation, and shall include in the order the total amount of retroactive support that would have been paid retroactively to the birth of the child, had a deviation not been made by the court; (G) (i) In any action for retroactive child support filed on or after July 1, 2017, retroactive child support shall not be awarded for a period of more than five (5) years from the date the action for support is filed unless the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a longer time period of retroactive support is in the interest of justice is on the custodial parent. Good cause includes, but is not limited to, the following: (a) The noncustodial parent deliberately avoided service or knowingly impeded or delayed the imposition of a support obligation; (b) The noncustodial parent used threats, intimidation, or force to prevent or delay the imposition of a support obligation; or (c) The custodial parent reasonably feared that the establishment of parentage would result in domestic abuse, as defined in § 36-3-601 ; (ii) The court may award retroactive child support for less than the five-year-period required by subdivision (a)(11)(i) if the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a shorter time period of retroactive support is in the interest of justice is on the noncustodial parent; (iii) Upon a finding of good cause in accordance with this subdivision (a)(11)(G), the court may order retroactive support from the date the court determines to be equitable and just; (iv) The presumption that child support for the benefit of the child be awarded retroactively to the date of the child's birth contained in the child support guidelines shall not apply to any action in which this subdivision (a)(11)(G) is applicable; (v) Nothing in this subdivision (a)(11)(G) limits any claim for retroactive child support owed to the department of human services; (12) Determination of liability for funeral expense to either or both parties, if the child is deceased; (13) Determination of liability for a mother's reasonable expenses for her pregnancy, confinement and recovery to either or both parties; and (14) Determination of the liability for counsel fees to either or both parties after consideration of all relevant factors. (b) This order may include the following: (1) An order of protection; and (2) Any provision determined to be in the best interests of the child. (c) All provisions of chapter 5 of this title that relate to child support and § 50-2-105 shall apply to support orders issued in any action under this chapter. (d) (1) (A) When the court enters an order in which the paternity of a child is determined or support is ordered, enforced or modified for a child, each individual who is a party to any action pursuant to this part shall be immediately required to file with the court and, if the case is a Title IV-D child support case, shall immediately file with the local Title IV-D child support office, for entry into the state registry of support cases, and shall update, as appropriate, the parties' and, for subdivisions (d)(1)(A)(i)-(iii), the child's or children's: (i) Full name and any change in name; (ii) Social security number and date and place of birth; (iii) Residential and mailing addresses; (iv) Home telephone numbers; (v) Driver license number; (vi) The name, address, and telephone number of the person's employer; (vii) The availability and cost of health insurance for the child; and (viii) Gross annual income. (B) The requirements of this subdivision (d)(1) may be included in the court's order. (2) Each individual who is a party must update changes in circumstances of the individual for the information required by subdivision (d)(1) within ten (10) days of the date of such change. At the time of the entry of the first order pertaining to child support after July 1, 1997, clear written notice shall be given to each party of the requirements of this subsection (d), procedures for complying with this subsection (d) and a description of the effect or failure to comply. Such requirement may be noted in the order of the court. (3) In any subsequent child support enforcement action, the delivery of written notice as required by Rule 5 of the Tennessee Rules of Civil Procedure to the most recent residential or employer address shown in the court's records or the Title IV-D agency's records as required in subdivision (d)(1) shall be deemed to satisfy due process requirements for notice and service of process with respect to that party if there is a sufficient showing and the court is satisfied that a diligent effort has been made to ascertain the location and whereabouts of the party. (e) Upon motion of either party, upon a showing of domestic violence or the threat of such violence, the court may enter an order to withhold from public access the address, telephone number, and location of the alleged victim or victims or threatened victim or victims of such circumstances. The clerk of the court shall withhold such information based upon the court's specific order but may not be held liable for release of such information. Amended by 2017 Tenn. Acts, ch. 419,s 1, eff. 7/1/2017. Acts 1997, ch. 477, § 1; 1998, ch. 1098, § 11; 2003, ch. 361, § 1.
(a) Upon establishing parentage, the court shall make an order declaring the father of the child. This order shall include the following: (1) Full names and residential and mailing addresses of the mother, father and child, if known; (2) Dates of birth and social security numbers of the mother, father and the child, if known; (3) Father's place of birth, if known; (4) Home telephone number of the mother and the father, if known; (5) Driver license numbers of mother and father, if known; (6) Name, address and telephone number of mother and father's employers, if known; (7) Availability of health insurance to cover the child, if known; (8) Determination of the child's name on the child's birth certificate; (9) Determination of the custody of the child pursuant to chapter 6 of this title; (10) Determination of visitation or parental access pursuant to chapter 6 of this title; (11) (A) Determination of child support pursuant to chapter 5 of this title. When making retroactive support awards pursuant to the child support guidelines established pursuant to this subsection (a), the court shall consider the following factors as a basis for deviation from the presumption in the child support guidelines that child and medical support for the benefit of the child shall be awarded retroactively to the date of the child's birth: (i) The extent to which the father did not know, and could not have known, of the existence of the child, the birth of the child, his possible parentage of the child or the location of the child; (ii) The extent to which the mother intentionally, and without good cause, failed or refused to notify the father of the existence of the child, the birth of the child, the father's possible parentage of the child or the location of the child; and (iii) The attempts, if any, by the child's mother or caretaker to notify the father of the mother's pregnancy, or the existence of the child, the father's possible parentage or the location of the child; (B) In cases in which the presumption of the application of the guidelines is rebutted by clear and convincing evidence, the court shall deviate from the child support guidelines to reduce, in whole or in part, any retroactive support. The court must make a written finding that application of the guidelines would be unjust or inappropriate in order to provide for the best interests of the child or the equity between the parties; (C) Deviations shall not be granted in circumstances where, based upon clear and convincing evidence: (i) The father has a demonstrated history of violence or domestic violence toward the mother, the child's caretaker or the child; (ii) The child is the product of rape or incest of the mother by the father of the child; (iii) The mother or caretaker of the child, or the child has a reasonable apprehension of harm from the father or those acting on his behalf toward the mother, the child's caretaker or the child; or (iv) The father or those acting on his behalf, have abused or neglected the child; (D) Nothing in this subdivision (a)(11) shall limit the right of the state of Tennessee to recover from the father expenditures made by the state for the benefit of the child, or the right, or obligation, of the Title IV-D child support agency to pursue retroactive support for the custodial parent or caretaker of the child where appropriate; (E) Any amounts of retroactive support ordered that have been assigned to the state pursuant to § 71-3-124 shall be subject to the child support distribution requirements of 42 U.S.C. § 657 . In such cases, the court order shall contain any language necessary to allow the state to recover the assigned support amounts; (F) In making any deviations from awarding retroactive support, the court shall make written findings of fact and conclusions of law to support the basis for the deviation, and shall include in the order the total amount of retroactive support that would have been paid retroactively to the birth of the child, had a deviation not been made by the court; (G) (i) In any action for retroactive child support filed on or after July 1, 2017, retroactive child support shall not be awarded for a period of more than five (5) years from the date the action for support is filed unless the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a longer time period of retroactive support is in the interest of justice is on the custodial parent. Good cause includes, but is not limited to, the following: (a) The noncustodial parent deliberately avoided service or knowingly impeded or delayed the imposition of a support obligation; (b) The noncustodial parent used threats, intimidation, or force to prevent or delay the imposition of a support obligation; or (c) The custodial parent reasonably feared that the establishment of parentage would result in domestic abuse, as defined in § 36-3-601 ; (ii) The court may award retroactive child support for less than the five-year-period required by subdivision (a)(11)(i) if the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a shorter time period of retroactive support is in the interest of justice is on the noncustodial parent; (iii) Upon a finding of good cause in accordance with this subdivision (a)(11)(G), the court may order retroactive support from the date the court determines to be equitable and just; (iv) The presumption that child support for the benefit of the child be awarded retroactively to the date of the child's birth contained in the child support guidelines shall not apply to any action in which this subdivision (a)(11)(G) is applicable; (v) Nothing in this subdivision (a)(11)(G) limits any claim for retroactive child support owed to the department of human services; (12) Determination of liability for funeral expense to either or both parties, if the child is deceased; (13) Determination of liability for a mother's reasonable expenses for her pregnancy, confinement and recovery to either or both parties; and (14) Determination of the liability for counsel fees to either or both parties after consideration of all relevant factors.
(1) Full names and residential and mailing addresses of the mother, father and child, if known;
(2) Dates of birth and social security numbers of the mother, father and the child, if known;
(3) Father's place of birth, if known;
(4) Home telephone number of the mother and the father, if known;
(5) Driver license numbers of mother and father, if known;
(6) Name, address and telephone number of mother and father's employers, if known;
(7) Availability of health insurance to cover the child, if known;
(8) Determination of the child's name on the child's birth certificate;
(9) Determination of the custody of the child pursuant to chapter 6 of this title;
(10) Determination of visitation or parental access pursuant to chapter 6 of this title;
(11) (A) Determination of child support pursuant to chapter 5 of this title. When making retroactive support awards pursuant to the child support guidelines established pursuant to this subsection (a), the court shall consider the following factors as a basis for deviation from the presumption in the child support guidelines that child and medical support for the benefit of the child shall be awarded retroactively to the date of the child's birth: (i) The extent to which the father did not know, and could not have known, of the existence of the child, the birth of the child, his possible parentage of the child or the location of the child; (ii) The extent to which the mother intentionally, and without good cause, failed or refused to notify the father of the existence of the child, the birth of the child, the father's possible parentage of the child or the location of the child; and (iii) The attempts, if any, by the child's mother or caretaker to notify the father of the mother's pregnancy, or the existence of the child, the father's possible parentage or the location of the child; (B) In cases in which the presumption of the application of the guidelines is rebutted by clear and convincing evidence, the court shall deviate from the child support guidelines to reduce, in whole or in part, any retroactive support. The court must make a written finding that application of the guidelines would be unjust or inappropriate in order to provide for the best interests of the child or the equity between the parties; (C) Deviations shall not be granted in circumstances where, based upon clear and convincing evidence: (i) The father has a demonstrated history of violence or domestic violence toward the mother, the child's caretaker or the child; (ii) The child is the product of rape or incest of the mother by the father of the child; (iii) The mother or caretaker of the child, or the child has a reasonable apprehension of harm from the father or those acting on his behalf toward the mother, the child's caretaker or the child; or (iv) The father or those acting on his behalf, have abused or neglected the child; (D) Nothing in this subdivision (a)(11) shall limit the right of the state of Tennessee to recover from the father expenditures made by the state for the benefit of the child, or the right, or obligation, of the Title IV-D child support agency to pursue retroactive support for the custodial parent or caretaker of the child where appropriate; (E) Any amounts of retroactive support ordered that have been assigned to the state pursuant to § 71-3-124 shall be subject to the child support distribution requirements of 42 U.S.C. § 657 . In such cases, the court order shall contain any language necessary to allow the state to recover the assigned support amounts; (F) In making any deviations from awarding retroactive support, the court shall make written findings of fact and conclusions of law to support the basis for the deviation, and shall include in the order the total amount of retroactive support that would have been paid retroactively to the birth of the child, had a deviation not been made by the court; (G) (i) In any action for retroactive child support filed on or after July 1, 2017, retroactive child support shall not be awarded for a period of more than five (5) years from the date the action for support is filed unless the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a longer time period of retroactive support is in the interest of justice is on the custodial parent. Good cause includes, but is not limited to, the following: (a) The noncustodial parent deliberately avoided service or knowingly impeded or delayed the imposition of a support obligation; (b) The noncustodial parent used threats, intimidation, or force to prevent or delay the imposition of a support obligation; or (c) The custodial parent reasonably feared that the establishment of parentage would result in domestic abuse, as defined in § 36-3-601 ; (ii) The court may award retroactive child support for less than the five-year-period required by subdivision (a)(11)(i) if the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a shorter time period of retroactive support is in the interest of justice is on the noncustodial parent; (iii) Upon a finding of good cause in accordance with this subdivision (a)(11)(G), the court may order retroactive support from the date the court determines to be equitable and just; (iv) The presumption that child support for the benefit of the child be awarded retroactively to the date of the child's birth contained in the child support guidelines shall not apply to any action in which this subdivision (a)(11)(G) is applicable; (v) Nothing in this subdivision (a)(11)(G) limits any claim for retroactive child support owed to the department of human services;
(A) Determination of child support pursuant to chapter 5 of this title. When making retroactive support awards pursuant to the child support guidelines established pursuant to this subsection (a), the court shall consider the following factors as a basis for deviation from the presumption in the child support guidelines that child and medical support for the benefit of the child shall be awarded retroactively to the date of the child's birth: (i) The extent to which the father did not know, and could not have known, of the existence of the child, the birth of the child, his possible parentage of the child or the location of the child; (ii) The extent to which the mother intentionally, and without good cause, failed or refused to notify the father of the existence of the child, the birth of the child, the father's possible parentage of the child or the location of the child; and (iii) The attempts, if any, by the child's mother or caretaker to notify the father of the mother's pregnancy, or the existence of the child, the father's possible parentage or the location of the child;
(i) The extent to which the father did not know, and could not have known, of the existence of the child, the birth of the child, his possible parentage of the child or the location of the child;
(ii) The extent to which the mother intentionally, and without good cause, failed or refused to notify the father of the existence of the child, the birth of the child, the father's possible parentage of the child or the location of the child; and
(iii) The attempts, if any, by the child's mother or caretaker to notify the father of the mother's pregnancy, or the existence of the child, the father's possible parentage or the location of the child;
(B) In cases in which the presumption of the application of the guidelines is rebutted by clear and convincing evidence, the court shall deviate from the child support guidelines to reduce, in whole or in part, any retroactive support. The court must make a written finding that application of the guidelines would be unjust or inappropriate in order to provide for the best interests of the child or the equity between the parties;
(C) Deviations shall not be granted in circumstances where, based upon clear and convincing evidence: (i) The father has a demonstrated history of violence or domestic violence toward the mother, the child's caretaker or the child; (ii) The child is the product of rape or incest of the mother by the father of the child; (iii) The mother or caretaker of the child, or the child has a reasonable apprehension of harm from the father or those acting on his behalf toward the mother, the child's caretaker or the child; or (iv) The father or those acting on his behalf, have abused or neglected the child;
(i) The father has a demonstrated history of violence or domestic violence toward the mother, the child's caretaker or the child;
(ii) The child is the product of rape or incest of the mother by the father of the child;
(iii) The mother or caretaker of the child, or the child has a reasonable apprehension of harm from the father or those acting on his behalf toward the mother, the child's caretaker or the child; or
(iv) The father or those acting on his behalf, have abused or neglected the child;
(D) Nothing in this subdivision (a)(11) shall limit the right of the state of Tennessee to recover from the father expenditures made by the state for the benefit of the child, or the right, or obligation, of the Title IV-D child support agency to pursue retroactive support for the custodial parent or caretaker of the child where appropriate;
(E) Any amounts of retroactive support ordered that have been assigned to the state pursuant to § 71-3-124 shall be subject to the child support distribution requirements of 42 U.S.C. § 657 . In such cases, the court order shall contain any language necessary to allow the state to recover the assigned support amounts;
(F) In making any deviations from awarding retroactive support, the court shall make written findings of fact and conclusions of law to support the basis for the deviation, and shall include in the order the total amount of retroactive support that would have been paid retroactively to the birth of the child, had a deviation not been made by the court;
(G) (i) In any action for retroactive child support filed on or after July 1, 2017, retroactive child support shall not be awarded for a period of more than five (5) years from the date the action for support is filed unless the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a longer time period of retroactive support is in the interest of justice is on the custodial parent. Good cause includes, but is not limited to, the following: (a) The noncustodial parent deliberately avoided service or knowingly impeded or delayed the imposition of a support obligation; (b) The noncustodial parent used threats, intimidation, or force to prevent or delay the imposition of a support obligation; or (c) The custodial parent reasonably feared that the establishment of parentage would result in domestic abuse, as defined in § 36-3-601 ; (ii) The court may award retroactive child support for less than the five-year-period required by subdivision (a)(11)(i) if the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a shorter time period of retroactive support is in the interest of justice is on the noncustodial parent; (iii) Upon a finding of good cause in accordance with this subdivision (a)(11)(G), the court may order retroactive support from the date the court determines to be equitable and just; (iv) The presumption that child support for the benefit of the child be awarded retroactively to the date of the child's birth contained in the child support guidelines shall not apply to any action in which this subdivision (a)(11)(G) is applicable; (v) Nothing in this subdivision (a)(11)(G) limits any claim for retroactive child support owed to the department of human services;
(i) In any action for retroactive child support filed on or after July 1, 2017, retroactive child support shall not be awarded for a period of more than five (5) years from the date the action for support is filed unless the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a longer time period of retroactive support is in the interest of justice is on the custodial parent. Good cause includes, but is not limited to, the following: (a) The noncustodial parent deliberately avoided service or knowingly impeded or delayed the imposition of a support obligation; (b) The noncustodial parent used threats, intimidation, or force to prevent or delay the imposition of a support obligation; or (c) The custodial parent reasonably feared that the establishment of parentage would result in domestic abuse, as defined in § 36-3-601 ;
(a) The noncustodial parent deliberately avoided service or knowingly impeded or delayed the imposition of a support obligation;
(b) The noncustodial parent used threats, intimidation, or force to prevent or delay the imposition of a support obligation; or
(c) The custodial parent reasonably feared that the establishment of parentage would result in domestic abuse, as defined in § 36-3-601 ;
(ii) The court may award retroactive child support for less than the five-year-period required by subdivision (a)(11)(i) if the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a shorter time period of retroactive support is in the interest of justice is on the noncustodial parent;
(iii) Upon a finding of good cause in accordance with this subdivision (a)(11)(G), the court may order retroactive support from the date the court determines to be equitable and just;
(iv) The presumption that child support for the benefit of the child be awarded retroactively to the date of the child's birth contained in the child support guidelines shall not apply to any action in which this subdivision (a)(11)(G) is applicable;
(v) Nothing in this subdivision (a)(11)(G) limits any claim for retroactive child support owed to the department of human services;
(12) Determination of liability for funeral expense to either or both parties, if the child is deceased;
(13) Determination of liability for a mother's reasonable expenses for her pregnancy, confinement and recovery to either or both parties; and
(14) Determination of the liability for counsel fees to either or both parties after consideration of all relevant factors.
(b) This order may include the following: (1) An order of protection; and (2) Any provision determined to be in the best interests of the child.
(1) An order of protection; and
(2) Any provision determined to be in the best interests of the child.
(c) All provisions of chapter 5 of this title that relate to child support and § 50-2-105 shall apply to support orders issued in any action under this chapter.
(d) (1) (A) When the court enters an order in which the paternity of a child is determined or support is ordered, enforced or modified for a child, each individual who is a party to any action pursuant to this part shall be immediately required to file with the court and, if the case is a Title IV-D child support case, shall immediately file with the local Title IV-D child support office, for entry into the state registry of support cases, and shall update, as appropriate, the parties' and, for subdivisions (d)(1)(A)(i)-(iii), the child's or children's: (i) Full name and any change in name; (ii) Social security number and date and place of birth; (iii) Residential and mailing addresses; (iv) Home telephone numbers; (v) Driver license number; (vi) The name, address, and telephone number of the person's employer; (vii) The availability and cost of health insurance for the child; and (viii) Gross annual income. (B) The requirements of this subdivision (d)(1) may be included in the court's order. (2) Each individual who is a party must update changes in circumstances of the individual for the information required by subdivision (d)(1) within ten (10) days of the date of such change. At the time of the entry of the first order pertaining to child support after July 1, 1997, clear written notice shall be given to each party of the requirements of this subsection (d), procedures for complying with this subsection (d) and a description of the effect or failure to comply. Such requirement may be noted in the order of the court. (3) In any subsequent child support enforcement action, the delivery of written notice as required by Rule 5 of the Tennessee Rules of Civil Procedure to the most recent residential or employer address shown in the court's records or the Title IV-D agency's records as required in subdivision (d)(1) shall be deemed to satisfy due process requirements for notice and service of process with respect to that party if there is a sufficient showing and the court is satisfied that a diligent effort has been made to ascertain the location and whereabouts of the party.
(1) (A) When the court enters an order in which the paternity of a child is determined or support is ordered, enforced or modified for a child, each individual who is a party to any action pursuant to this part shall be immediately required to file with the court and, if the case is a Title IV-D child support case, shall immediately file with the local Title IV-D child support office, for entry into the state registry of support cases, and shall update, as appropriate, the parties' and, for subdivisions (d)(1)(A)(i)-(iii), the child's or children's: (i) Full name and any change in name; (ii) Social security number and date and place of birth; (iii) Residential and mailing addresses; (iv) Home telephone numbers; (v) Driver license number; (vi) The name, address, and telephone number of the person's employer; (vii) The availability and cost of health insurance for the child; and (viii) Gross annual income. (B) The requirements of this subdivision (d)(1) may be included in the court's order.
(A) When the court enters an order in which the paternity of a child is determined or support is ordered, enforced or modified for a child, each individual who is a party to any action pursuant to this part shall be immediately required to file with the court and, if the case is a Title IV-D child support case, shall immediately file with the local Title IV-D child support office, for entry into the state registry of support cases, and shall update, as appropriate, the parties' and, for subdivisions (d)(1)(A)(i)-(iii), the child's or children's: (i) Full name and any change in name; (ii) Social security number and date and place of birth; (iii) Residential and mailing addresses; (iv) Home telephone numbers; (v) Driver license number; (vi) The name, address, and telephone number of the person's employer; (vii) The availability and cost of health insurance for the child; and (viii) Gross annual income.
(i) Full name and any change in name;
(ii) Social security number and date and place of birth;
(iii) Residential and mailing addresses;
(iv) Home telephone numbers;
(v) Driver license number;
(vi) The name, address, and telephone number of the person's employer;
(vii) The availability and cost of health insurance for the child; and
(viii) Gross annual income.
(B) The requirements of this subdivision (d)(1) may be included in the court's order.
(2) Each individual who is a party must update changes in circumstances of the individual for the information required by subdivision (d)(1) within ten (10) days of the date of such change. At the time of the entry of the first order pertaining to child support after July 1, 1997, clear written notice shall be given to each party of the requirements of this subsection (d), procedures for complying with this subsection (d) and a description of the effect or failure to comply. Such requirement may be noted in the order of the court.
(3) In any subsequent child support enforcement action, the delivery of written notice as required by Rule 5 of the Tennessee Rules of Civil Procedure to the most recent residential or employer address shown in the court's records or the Title IV-D agency's records as required in subdivision (d)(1) shall be deemed to satisfy due process requirements for notice and service of process with respect to that party if there is a sufficient showing and the court is satisfied that a diligent effort has been made to ascertain the location and whereabouts of the party.
(e) Upon motion of either party, upon a showing of domestic violence or the threat of such violence, the court may enter an order to withhold from public access the address, telephone number, and location of the alleged victim or victims or threatened victim or victims of such circumstances. The clerk of the court shall withhold such information based upon the court's specific order but may not be held liable for release of such information.
Amended by 2017 Tenn. Acts, ch. 419,s 1, eff. 7/1/2017.
Acts 1997, ch. 477, § 1; 1998, ch. 1098, § 11; 2003, ch. 361, § 1.