A case may be transferred by the clerk of the issuing court following a request by a requesting party sending the request for the transfer to the clerk of the transferor court. The request shall include the following information:

(1)

Terms Used In Tennessee Code 36-5-3004

  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Tennessee Code 36-5-2101
  • Clerk: means the clerk of the transferor or transferee court, or the clerk of any court who has been designated by either of those courts to collect support payments for such court. See Tennessee Code 36-5-3002
  • Court: means , except as provided in §. See Tennessee Code 36-5-3002
  • Department: means the department of human services or its contractor or designee. See Tennessee Code 36-5-3002
  • Docket: A log containing brief entries of court proceedings.
  • Filing: means the initiation of judicial action by the completion of a motion or petition seeking to order the alteration of a legal status through the act of sending or bringing the motion or petition to the office of the clerk of the court. See Tennessee Code 36-5-3002
  • Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Tennessee Code 36-5-2101
  • Issuing court: means the court that issues a support or custody order or renders a judgment determining parentage or to which a support or custody order has been previously transferred. See Tennessee Code 36-5-3002
  • Obligor: means an individual, or the estate of a decedent that:
    (A) Owes or is alleged to owe a duty of support. See Tennessee Code 36-5-2101
  • Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See Tennessee Code 36-5-2101
  • Request: means a statement of a requesting party seeking transfer of a custody or child support case to the court of another county. See Tennessee Code 36-5-3002
  • Requesting party: means custodial parent, noncustodial parent or, in Title IV-D child support cases, the department or its contractor. See Tennessee Code 36-5-3002
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. See Tennessee Code 36-5-2101
  • Transfer: means the process by which the transferor court, upon request, moves the case to a court where the child resides thereby conferring jurisdiction on the transferee court. See Tennessee Code 36-5-3002
  • Transferee court: means the court that assumes jurisdiction upon a transfer of a case. See Tennessee Code 36-5-3002
  • Transferor court: means the court from which a case is transferred to another court. See Tennessee Code 36-5-3002
(A) A sworn statement by the party or the department seeking transfer that, to the best of the requesting party’s or the department’s knowledge, neither the child or children, the custodial parent/obligee nor the noncustodial parent/obligor resides in the transferor county, and that the child or children currently reside in the transferee county and the child or children have resided in the transferee county for at least six (6) months; or
(B) That the noncustodial parent/obligor resides in the county to which the case is to be transferred and that the custodial parent/obligee and the child or children reside outside this state:

(i) And the requesting party seeks an immediate transfer of the case without the six-month residency period if the custodial parent/obligee does not object; or
(ii) That the child or children and the custodial parent/obligee have resided outside this state for at least six (6) months;
(2) The issuing court‘s docket number of the case to be transferred;
(3) The name of the other party and, if known, the other party’s address and social security number;
(4) The name of the court and address of the clerk of the court to whom the case is to be transferred;
(5) The name and address, if known, of the employer of the obligor if the order has been or may be subject to an income assignment;
(6) That the request for transfer can be contested by the nonrequesting party within fifteen (15) days of the date the notice was mailed by filing a motion for review of the request in the transferor court;
(7) Certification by the requesting party or the department that a copy of the request with the information in subdivisions (1)-(6) has been mailed to the nonrequesting party; and
(8) A copy of a notice, with the address of the nonrequesting party, to be sent by the clerk of the transferor court or the department in Title IV-D child support cases to the nonrequesting party in the event that the case is transferred, which states that the case has been transferred and that all child support payments of the obligor are to be sent, as appropriate, to the clerk of the transferee court or to the department of human services, as the case may be.
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