US Laws, Codes, Statutes & Cases

 
    § 413-a. Review and cost of living adjustment of child support orders.
  1.  Request.  Any  party  to a child support order issued on behalf of a
  child in receipt of public  assistance,  or  child  support  enforcement
  services pursuant to section one hundred eleven-g of the social services
  law,  may  request that the support collection unit review the order for
  cost of living adjustment  purposes  pursuant  to  section  one  hundred
  eleven-n of the social services law.
    2.  Adjustment  process. (a) A cost of living adjustment shall be made
  by the support collection unit with respect to an order of support under
  review if the sum of the annual average changes of  the  consumer  price
  index  for  all  urban  consumers  (CPI-U), as published annually by the
  United States department of labor bureau of  labor  statistics,  is  ten
  percent or greater.
    (b)   The  cost  of  living  adjustment  and  adjusted  child  support
  obligation amount as calculated by the review shall be reflected on  the
  adjusted  order  issued by the support collection unit and mailed to the
  parties by  first  class  mail.  The  child  support  obligation  amount
  contained  in  the adjusted order shall be due and owing on the date the
  first payment is due under the terms of the order of support  which  was
  reviewed  and  adjusted  occurring on or after the effective date of the
  adjusted order.
    (c) The support collection unit shall provide a copy of  the  adjusted
  order  to the court which issued the most recent order of support, which
  shall append it to the order.
    3. Objection process. (a) An objection to a cost of living adjustment,
  as reflected in an adjusted order issued by a support  collection  unit,
  may be made to the court by either party to the order, or by the support
  collection  unit,  and shall be submitted to the court in writing within
  thirty-five days from the date of mailing of the adjusted order. A  copy
  of the written objection shall be provided by the objecting party to the
  other party and to the support collection unit.
    (b)  Where  such  objections  are  timely  filed,  the  cost of living
  adjustment shall not take effect, and a hearing  on  the  adjustment  of
  such  order shall be granted pursuant to the provisions of this section,
  which shall result in either:
    (1) the issuance by the court of a new order of support in  accordance
  with  the  child  support standards as set forth in section four hundred
  thirteen of this article; or
    (2) where application of the child support standards as set  forth  in
  section four hundred thirteen of this article results in a determination
  that no adjustment is appropriate, an order of no adjustment.
    (c)  Any  order  of support made by the court under this section shall
  occur without the requirement for  proof  or  showing  of  a  change  in
  circumstances.
    (d)  The court shall conduct the hearing and make its determination no
  later than forty-five days from the date it receives  an  objection.  If
  the  order  under  review does not provide for health insurance benefits
  for the child, the court  shall  make  a  determination  regarding  such
  benefits  pursuant  to  section  four  hundred sixteen of this part. The
  clerk of the court shall immediately transmit copies  of  the  order  of
  support  or  order of no adjustment issued by the court pursuant to this
  subdivision to the parties and the  support  collection  unit.  Where  a
  hearing results in the issuance of a new order of support, the effective
  date  of  the  court order shall be the earlier of the date of the court
  determination or the date the cost of living adjustment would have  been
  effective had it not been challenged.
    (e)  Where  no  objection  has  been timely raised to a cost of living
  adjustment as reflected in an  adjusted  order,  such  adjustment  shall

  become final without further review by the court or any judge or support
  magistrate thereof.
    4.  Modification  of orders. Nothing herein shall be deemed in any way
  to limit, restrict, expand or impair the rights of any party to file for
  a modification of a child support order as is otherwise provided by law.
    5. Notice. Parties eligible for adjustment  of  child  support  orders
  shall receive notice of the right to review such orders as follows:
    (a)  All  applications or motions by the support collection unit or by
  persons  seeking  support  enforcement  services  through  the   support
  collection   unit  for  the  establishment,  modification,  enforcement,
  violation or adjustment of child support orders shall on their  face  in
  conspicuous type state:
    NOTE:  (1)  A  COURT  ORDER  OF  SUPPORT  RESULTING  FROM A PROCEEDING
  COMMENCED BY THIS  APPLICATION  (PETITION)  SHALL  BE  ADJUSTED  BY  THE
  APPLICATION  OF  A  COST  OF  LIVING  ADJUSTMENT AT THE DIRECTION OF THE
  SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR  MONTHS  AFTER  SUCH
  ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY
  PARTY  TO  THE  ORDER  OR  PURSUANT TO PARAGRAPH (2) BELOW. SUCH COST OF
  LIVING ADJUSTMENT SHALL BE ON NOTICE TO BOTH PARTIES WHO, IF THEY OBJECT
  TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THE RIGHT TO  BE  HEARD  BY
  THE  COURT  AND  TO  PRESENT  EVIDENCE  WHICH THE COURT WILL CONSIDER IN
  ADJUSTING THE CHILD  SUPPORT  ORDER  IN  ACCORDANCE  WITH  SECTION  FOUR
  HUNDRED  THIRTEEN  OF  THE  FAMILY COURT ACT, KNOWN AS THE CHILD SUPPORT
  STANDARDS ACT.
    (2) A PARTY  SEEKING  SUPPORT  FOR  ANY  CHILD(REN)  RECEIVING  FAMILY
  ASSISTANCE SHALL HAVE A CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE
  DIRECTION  OF  THE  SUPPORT  COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR
  MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED BY THE
  SUPPORT COLLECTION UNIT, WITHOUT FURTHER APPLICATION BY ANY  PARTY.  ALL
  PARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER.
    (3)  WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE
  SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED  BY  SECTION
  FOUR  HUNDRED  FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED
  ORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL
  BECOME DUE AND OWING ON THE DATE THE FIRST  PAYMENT  IS  DUE  UNDER  THE
  TERMS  OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING
  ON OR AFTER THE EFFECTIVE DATE OF  THE  ADJUSTED  ORDER,  REGARDLESS  OF
  WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.
    (b)  All  court orders of support payable through a support collection
  unit shall on their face in conspicuous type state:
    NOTE: (1) THIS ORDER  OF  CHILD  SUPPORT  SHALL  BE  ADJUSTED  BY  THE
  APPLICATION  OF  A  COST  OF  LIVING  ADJUSTMENT AT THE DIRECTION OF THE
  SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR  MONTHS  AFTER  THIS
  ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY
  PARTY  TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON APPLICATION
  OF A  COST  OF  LIVING  ADJUSTMENT  AT  THE  DIRECTION  OF  THE  SUPPORT
  COLLECTION  UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF
  THEY OBJECT TO THE COST OF LIVING  ADJUSTMENT,  SHALL  HAVE  THIRTY-FIVE
  (35)  DAYS FROM THE DATE OF MAILING TO SUBMIT A WRITTEN OBJECTION TO THE
  COURT INDICATED ON SUCH ADJUSTED ORDER. UPON  RECEIPT  OF  SUCH  WRITTEN
  OBJECTION,  THE  COURT SHALL SCHEDULE A HEARING AT WHICH THE PARTIES MAY
  BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN  ADJUSTING
  THE  CHILD  SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS
  ACT.
    (2) A RECIPIENT OF FAMILY ASSISTANCE  SHALL  HAVE  THE  CHILD  SUPPORT
  ORDER  REVIEWED  AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION
  UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST

  MODIFIED OR LAST ADJUSTED WITHOUT FURTHER APPLICATION OF ANY PARTY.  ALL
  PARTIES WILL RECEIVE NOTICE OF ADJUSTMENT FINDINGS.
    (3)  WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE
  SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED  BY  SECTION
  FOUR  HUNDRED  FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED
  ORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL
  BECOME DUE AND OWING ON THE DATE THE FIRST  PAYMENT  IS  DUE  UNDER  THE
  TERMS  OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING
  ON OR AFTER THE EFFECTIVE DATE OF THE ORDER, REGARDLESS  OF  WHETHER  OR
  NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.