2006 New York Code - Review And Cost Of Living Adjustment Of Support Orders.

 
    §  111-n.  Review  and cost of living adjustment of support orders. 1.
  Orders subject to review. In accordance with the timeframes set forth in
  subdivision three of this section, the  support  collection  unit  shall
  conduct a review for adjustment purposes of:
    (a)  all  orders  of  support being enforced pursuant to this title on
  behalf of persons in receipt of family assistance; and
    (b) those orders of support being enforced pursuant to this  title  on
  behalf  of  persons  not  in  receipt  of family assistance, for which a
  request for a cost of living adjustment review has  been  received  from
  either party to the order.
    2.   Definitions.   For   purposes  of  this  section,  the  following
  definitions shall be used:
    (a) "Adjusted child support obligation amount" shall mean the  sum  of
  the  cost  of  living  adjustment  and  the  support  obligation  amount
  contained in the order under review.
    (b) "Adjusted order"  shall  mean  an  order  issued  by  the  support
  collection unit reflecting a change to the obligation amount of the most
  recently issued order of support made on behalf of a child in receipt of
  family  assistance  or  child  support  enforcement services pursuant to
  section one hundred eleven-g of this title.
    (c) "Cost of living adjustment" shall mean the  amount  by  which  the
  support  obligation  is  changed as the result of a review, and shall be
  determined based upon annual average changes to the consumer price index
  for all urban consumers (CPI-U),  as  published  by  the  United  States
  department  of labor bureau of labor statistics, for the years preceding
  the year of the review, as follows:
    (1) Identify the  CPI-U  "percent  change  from  the  previous  annual
  average"  for each year preceding the year of the review, beginning with
  and including the later of the year in which the most recent  order  was
  issued  or  nineteen  hundred  ninety-four, and calculate the sum of the
  percentages for those years.
    (2) Where the sum as calculated pursuant to subparagraph one  of  this
  paragraph equals or exceeds ten percent, multiply the support obligation
  in the order under review by such percentage. The product is the cost of
  living adjustment.
    (d)  "Order"  shall  mean  an original, modified, or adjusted order of
  support; or, after a hearing in response to  objections  to  a  cost  of
  living  adjustment  as  set  forth  in an adjusted order of support, the
  order of  support  reflecting  the  application  of  the  child  support
  standards  pursuant  to  section  two  hundred  forty  of  the  domestic
  relations law or section four hundred thirteen of the family court  act,
  or an order of no adjustment.
    (e)  "Review"  shall  mean  the  calculation  of  the  cost  of living
  adjustment and the adjusted  child  support  obligation  amount  by  the
  support  collection  unit  for the most recently issued order of support
  made on behalf of a child in receipt  of  family  assistance,  or  child
  support enforcement services pursuant to section one hundred eleven-g of
  this title.
    3.  Timeframes.  The  review  of  support  orders  for  cost of living
  adjustment purposes shall be conducted by the support collection unit in
  accordance with the following timeframes:
    (a) For all orders of support on  behalf  of  persons  in  receipt  of
  family  assistance,  a  review  shall  be  conducted  during  the second
  calendar year following the year in which the order was issued,  or  the
  current  year,  whichever  is  later.  Any  cost  of  living  adjustment
  resulting from a review shall be effective sixty days following the date
  of the adjusted order, or twenty-four months after the date of the order
  under review, whichever is later.
    (b) For all orders of support on behalf of persons not in  receipt  of
  family  assistance,  a  review  shall  be  conducted  during  the second
  calendar year following the year in which the order was issued,  or  the
  current year, whichever is later; provided, however, that no such review
  shall  occur  unless  a request for such review has been received from a
  party to the order. Any cost  of  living  adjustment  resulting  from  a
  review  shall be effective sixty days following the date of the adjusted
  order, or twenty-four months after the date of the order  under  review,
  whichever is later.
    4.  Adjustment  process. (a) A cost of living adjustment shall be made
  by the support collection unit with respect to  each  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 by the  United
  States department of labor bureau of labor statistics, is ten percent or
  greater.  The  child support obligation amount, as increased by the cost
  of living adjustment calculated during the review, shall be  rounded  to
  the  nearest  dollar.  In  the  event that the sum of the annual average
  changes of the CPI-U is  less  than  ten  percent,  no  cost  of  living
  adjustment shall occur.
    (b)  Upon  the  conclusion  of  the  adjustment  review,  the  support
  collection unit shall issue and send an adjusted order  by  first  class
  mail  to  the  parties.  The  cost of living adjustment and the adjusted
  child support obligation amount as calculated by  the  review  shall  be
  reflected  in  the  adjusted  order. 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.
    5.  Objections.  (a)  Where  there is an objection to a cost of living
  adjustment, either party or  the  support  collection  unit  shall  have
  thirty-five  days  from the date of mailing of the adjusted order by the
  support collection unit  to  submit  to  the  court  identified  thereon
  written  objections, requesting a hearing on the adjustment of the order
  of support.
    (b) If objections are submitted timely  to  the  court,  the  cost  of
  living  adjustment  shall  not  take  effect,  and  a  hearing  shall be
  scheduled  by  the  court.  The  hearing  shall  be  conducted   and   a
  determination  made by the court pursuant to section two hundred forty-c
  of the domestic relations law or section four hundred thirteen-a of  the
  family court act.
    (c)  Where  no  objection  has  been timely raised to a cost of living
  adjustment as reflected in an adjusted order, such adjusted order  shall
  become final without further review by the court or any judge or support
  magistrate thereof.
    6.  Adjusted  order  -  form.  The  adjusted  order  shall contain the
  following information:
    (a) the caption of the order of support subject  to  the  review,  the
  date of such order, and the court in which it was entered;
    (b)  the  identification, telephone number, and address of the support
  collection unit which conducted the review;
    (c) the cost of living  adjustment  and  the  adjusted  child  support
  obligation  amount  as  calculated during the review of the order, and a
  statement that such amount shall be due and owing on the date the  first
  payment is due under the term of the order of support which was reviewed
  and  adjusted,  occurring on or after the effective date of the adjusted
  order;
    (d) the definition of cost of living adjustment;
    (e) a statement that the child support obligation amount, as increased
  by  the  cost  of  living  adjustment,  has  been rounded to the nearest
  dollar;
    (f) a statement that all other provisions  of  the  order  of  support
  which was reviewed and adjusted remain in full force and effect;
    (g) a statement that the application of a cost of living adjustment in
  no way limits, restricts, expands, or impairs the rights of any party to
  file  for  a modification of a child support order as otherwise provided
  by law;
    (h) a statement that where either party objects to the cost of  living
  adjustment,  the  party  has  the  right to be heard by the court and to
  present evidence to the court which the court will consider in adjusting
  the child support order in compliance with section four hundred thirteen
  of the family court act or section two hundred  forty  of  the  domestic
  relations  law,  known  as  the  child  support standards act; provided,
  however, that  written  objections  are  filed  with  the  court  within
  thirty-five  days  from  the  date  the adjusted order was mailed by the
  support collection unit; that when filing objections the objecting party
  should attach a copy of the adjusted order, if available; and
    (i) a statement that where any party fails to provide, and update upon
  any change, the support collection unit with a current address 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 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.
    7. Notice of right to review. On or after the first  day  of  January,
  nineteen  hundred ninety-eight, any order of support twenty-four or more
  months old which was issued on behalf of a child in  receipt  of  family
  assistance or child support enforcement services pursuant to section one
  hundred  eleven-g  of  this  title,  is  eligible  for  a cost of living
  adjustment every two years. The support collection unit shall notify the
  parties to the order of their right to make a  written  request  to  the
  support  collection unit for a cost of living adjustment of such support
  order. Such notice shall contain  the  amount  of  the  cost  of  living
  adjustment,  the  amount  of  the adjusted child support obligation, the
  applicable CPI-U used in the calculation of that amount, the address and
  telephone number of the support collection unit where assistance can  be
  obtained  in  commencing  an  adjustment  review,  and other information
  deemed necessary and relevant by the department, and shall  be  sent  to
  the  parties  by first class mail at their last known address, and shall
  contain a reply form and envelope with  postage  pre-paid.  The  support
  collection  unit shall provide the notice described herein not less than
  once every two years.