50-7-611 - Child support deduction.
50-7-611. Child support deduction.
(a) (1) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not the individual owes child support obligations as defined under subsection (g).
(2) If the individual discloses that the individual owes child support obligations, and is determined to be eligible for unemployment compensation, the administrator shall notify the state or local child support enforcement agency enforcing the obligation that the individual has been determined eligible for unemployment compensation.
(b) Notwithstanding any other provision of this chapter, the administrator shall deduct and withhold from any unemployment compensation payable to an individual that owes child support obligations as defined under subsection (g):
(1) The amount specified by the individual to the administrator to be deducted and withheld under this subsection (b), if neither subdivision (b)(2) nor (3) is applicable;
(2) The amount, if any, determined pursuant to an agreement submitted to the commissioner under § 454(19)(B)(i) of the Social Security Act, codified in 42 U.S.C. § 654(19)(B)(i), by the state or local child support enforcement agency, unless subdivision (b)(3) is applicable; or
(3) Any amount otherwise required to be deducted and withheld from the unemployment compensation pursuant to legal process as that term is defined in § 462(e) of the Social Security Act [repealed], properly served upon the commissioner.
(c) (1) Any amount deducted and withheld under subsection (b) shall be paid by the administrator to the appropriate state or local child support enforcement agency.
(2) In counties having a population of seven hundred thousand (700,000) or more, according to the 1980 federal census or any subsequent federal census, the amount deducted shall be paid by the administrator to the appropriate local child support enforcement agency.
(d) Any amount deducted and withheld under subsection (b) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations.
(e) For purposes of subsections (a)-(d), unemployment compensation means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.
(f) This section applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the administrator under this section that are attributable to child support obligations being enforced by the state or local child support enforcement agency.
(g) Child support obligations, as used in this section, means only obligations that are being enforced pursuant to a plan described in § 454 of the Social Security Act, codified in 42 U.S.C. § 654 that has been approved by the secretary of health and human services under Title IV, Part D of the Social Security Act, compiled in 42 U.S.C. § 651 et seq.
(h) State or local child support enforcement agency, as used in this section, means any agency of a state or a political subdivision thereof operating pursuant to a plan described in subsection (g).
[Acts 1982, ch. 606, § 8; T.C.A., § 50-1365; Acts 1987, ch. 303, § 1.]