§ 8-21-403 — Service fees and costs for handling spousal support, child support and other payments

(a) Each clerk of a court in this state receiving, handling and disbursing spousal support, child support, and similar moneys under and by order of court is entitled to charge and receive from the obligor the sum of five percent (5%) for any and all payments received during each calendar month for such clerk's services in so receiving, handling and disbursing same in addition to any amounts collected for support. Any support order which does not specifically include payment of the clerk's fee by the obligor is deemed to authorize the clerk to collect the fee from the obligor. The clerk's fee shall be an obligation of the obligor and shall be added to the amount of court-ordered child support, making the total obligation of the obligor the support plus the clerk's fee. The clerk is authorized to accept a partial payment of child support and shall prorate any such partial payment as to support and clerk's fee. (b) The clerk has the authority to contract with the department of human services, subject to availability of funds, to pay for the costs of collecting child support under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.) and the laws of this state pursuant thereto, but any expenditures for which reimbursement is sought under such a contract shall be reduced by the amount of fees collected by the contracting clerk under subsection (a). All records, papers, files, and other documents in the clerk's office pertaining to Title IV-D collections shall be open for inspection and subject to audit by the department of human services, the office of the comptroller of the treasury, or authorized agents of the federal government.

Legislative History

Acts 1939, ch. 112, §§ 1, 2; C. Supp. 1950, § 10706.1; 1974, ch. 694, § 1; T.C.A. (orig. ed.), § 8-2117; Acts 1985, ch. 477, § 11; 1986, ch. 709, § 1; 1995, ch. 359, §§ 1, 2.