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Notice Of Income Assignment Form. This is a Tennessee form and can be use in Williamson Local County.
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Tags: Notice Of Income Assignment, Tennessee Local County, Williamson
IN THE CIRCUIT COURT OF WILLIAMSON COUNTY, TENNESSEE
_______________________
Plaintiff
vs.
Docket No.___________
_______________________
Defendant
NOTICE OF INCOME ASSIGNMENT
EMPLOYER: ________________________
________________________
________________________
Notice is hereby given to you that you are to deduct support from the income
of_________________________, Social Security Number__________________,
in the amount of _________per_________, plus the 5% Clerk's fee, for a total
payment of _________per______. Said payments may be deducted from the
employee's wages either weekly, biweekly, or monthly to coincide with his/her pay
periods but must be sent to the address shown on the last page of this notice within 10
days of the date the employee is paid along with the date the deduction was made.
The amount withheld for support may not be in excess of 50% of the net wages of an
employee after the deduction of FICA, withholding taxes, and health insurance
premiums, which cover the child (ren). This assignment must be implemented no
later than the first pay period that occurs 14 days following the date of this notice.
This income assignment is binding upon you until further notice by this office.
If you fail to withhold income in accordance with the provisions of this notice and
order, you are liable for any amount up to the accumulated amount, which should
have been withheld from the income of the employee.
Withholding of support in accordance with this notice shall have priority over
any other legal process under state law against the same wages or other income for
debts other than child support.
The total amount specified above is prorated as follows: (a) the amount due
for current child support of the child (ren) is _______per ______, including the 5%
Clerk's fee; (b) the amount due for arrearages due for the
child (ren) is ______ per_____, including the 5% Clerk's fee;
(c) the amount due for current support due a spouse is _________per______,
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including the 5% Clerk's fee; and (d) the amount due for arrearages due a spouse is
_______per____, including the 5% Clerk's fee. If you receive any income assignment
for current child support against the employee's income which would cause the
deductions from any two (2) or more assignments for current child support to exceed
50% of the employee's income after FICA, withholding taxes, and a health insurance
premium which covers the child (ren) are deducted, you shall determine the total of
all current child support ordered withheld by all income assignments. You will then
calculate the percentage that each current child support order represents of the total.
The available income will be allocated by you according to the percentage, which
each income assignment for current child support bears to the total of all income
assignments for current child support. In the event all current child support
obligations are met from the assignments and child support arrearages exist in more
that one case and there is not sufficient income to pay all ordered child support
arrearages, then the child support arrearages will be allocated by you on the same
basis as set forth above.
You must provide for each case the following information: docket number,
county, state, full ordered amount, the percentage that each current support order
represents of the total, and the date the amount is deducted from employee's income.
EXAMPLE OF A PRORATION:
Assume the employee's net income after taxes, FICA, and health insurance is
$900, the available income is $450 (50%). If the employee is ordered to pay
$250.00/month under support order A; $200.00/month for support order B; and
$150.00/month for support order C; then the total assignments are $600.00. This
exceeds income available for income assignment [after deduction for taxes, FICA and
health insurance premiums which cover the child (ren)]. Then you will pay the
percentage of the available income that each assignment represents to the total
assignment, thus;
Order A = $250/$600 42% x $450 = $189.00
Order B = $200/$600 33% x $450 = $148.50
Order C = $150/$600 25% x $450 = $112.50
If the employee has sufficient available income to satisfy all current child
support orders, but not all ordered child support arrearages, you would apply this
same proration procedure to the child support arrearages using the total monthly
child support arrearage payment as the denominator and each order's monthly child
support arrearage payment as the numerator.
It is your responsibility to promptly notify this office when the employee
terminates employment with you and to provide this office the last known address
and the name and address of his/her new employer if known. This assignment is
binding upon successive employers 14 days after it is mailed to them.
If you (employer) use the income assignment as a basis to refuse to employ a
person or to discharge the employee or for any disciplinary action against the
employee, you (employer) shall be subject to a fine for a Class C misdemeanor under
T.C.A. Section 36-5-501 (h).
If you are required to withhold support from more than one person it is
allowable to combine withheld amount in a single payment to each appropriate court
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ordering the assignments and separately identify the portion of the single payment
which is attributable to each individual.
If amounts are included which represent assignments for more than one pay
period, the amounts representing each pay period must be separately identified. The
date the support was deducted from the obligor's paycheck must be provided with
each payments transmitted to the Court Clerk.
If you are unable to deduct the full amount specified in this order due to the
50% limitation, the payment should also specify for each obligor, the individual's
income after taxes, FICA and health insurance premiums covering the child (ren)
which are deducted and whether you have received prior orders of income
assignment which prevent you from fully complying with this order.
You may, at your discretion, charge the employee an amount of up to 5%, not
to exceed $5.00 per month, for your cost in complying with this order.
Checks should be made payable to the _________________________________
________________________________________________________________________
and should be mailed along with the date the payments were deducted from the
employee's income to: ____________________________________________________
________________________________________________________________________
________________________________________________________________________
ENTERED, this the ______ day of ___________________, _______.
_____________________________
Clerk
CERTIFICATE OF SERVICE
I hereby certify that a copy of this NOTICE OF INCOME ASSIGNMENT
was served on the employer at the above address by mailing to him/her by certified
mail; return receipt requested, on this the ______ day of ______________, _______.
______________________________
Clerk of the Court
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