§ 413-A — Review and cost of living adjustment of child support orders

§ 413-a. Review and cost of living adjustment of child support orders.\n1. Request. Any party to a child support order issued on behalf of a\nchild in receipt of public assistance, or child support enforcement\nservices pursuant to section one hundred eleven-g of the social services\nlaw, may request that the support collection unit review the order for\ncost of living adjustment purposes pursuant to section one hundred\neleven-n of the social services law.\n 2. Adjustment process. (a) A cost of living adjustment shall be made\nby the support collection unit with respect to an order of support under\nreview if the sum of the annual average changes of the consumer price\nindex for all urban consumers (CPI-U), as published annually by the\nUnited States department of labor bureau of labor statistics, is ten\npercent or greater.\n (b) The cost of living adjustment and adjusted child support\nobligation amount as calculated by the review shall be reflected on the\nadjusted order issued by the support collection unit and mailed to the\nparties by first class mail. The child support obligation amount\ncontained in the adjusted order shall be due and owing on the date the\nfirst payment is due under the terms of the order of support which was\nreviewed and adjusted occurring on or after the effective date of the\nadjusted order.\n (c) The support collection unit shall provide a copy of the adjusted\norder to the court which issued the most recent order of support, which\nshall append it to the order.\n 3. Objection process. (a) An objection to a cost of living adjustment,\nas reflected in an adjusted order issued by a support collection unit,\nmay be made to the court by either party to the order, or by the support\ncollection unit, and shall be submitted to the court in writing within\nthirty-five days from the date of mailing of the adjusted order. A copy\nof the written objection shall be provided by the objecting party to the\nother party and to the support collection unit.\n (b) Where such objections are timely filed, the cost of living\nadjustment shall not take effect, and a hearing on the adjustment of\nsuch order shall be granted pursuant to the provisions of this section,\nwhich shall result in either:\n (1) the issuance by the court of a new order of support in accordance\nwith the child support standards as set forth in section four hundred\nthirteen of this article; or\n (2) where application of the child support standards as set forth in\nsection four hundred thirteen of this article results in a determination\nthat no adjustment is appropriate, an order of no adjustment.\n (c) Any order of support made by the court under this section shall\noccur without the requirement for proof or showing of a change in\ncircumstances.\n (d) The court shall conduct the hearing and make its determination no\nlater than forty-five days from the date it receives an objection. If\nthe order under review does not provide for health insurance benefits\nfor the child, the court shall make a determination regarding such\nbenefits pursuant to section four hundred sixteen of this part. The\nclerk of the court shall immediately transmit copies of the order of\nsupport or order of no adjustment issued by the court pursuant to this\nsubdivision to the parties and the support collection unit. Where a\nhearing results in the issuance of a new order of support, the effective\ndate of the court order shall be the earlier of the date of the court\ndetermination or the date the cost of living adjustment would have been\neffective had it not been challenged.\n (e) Where no objection has been timely raised to a cost of living\nadjustment as reflected in an adjusted order, such adjustment shall\nbecome final without further review by the court or any judge or support\nmagistrate thereof.\n 4. Modification of orders. Nothing herein shall be deemed in any way\nto limit, restrict, expand or impair the rights of any party to file for\na modification of a child support order as is otherwise provided by law.\n 5. Notice. Parties eligible for adjustment of child support orders\nshall receive notice of the right to review such orders as follows:\n (a) All applications or motions by the support collection unit or by\npersons seeking support enforcement services through the support\ncollection unit for the establishment, modification, enforcement,\nviolation or adjustment of child support orders shall on their face in\nconspicuous type state:\n NOTE: (1) A COURT ORDER OF SUPPORT RESULTING FROM A PROCEEDING\nCOMMENCED BY THIS APPLICATION (PETITION) SHALL BE ADJUSTED BY THE\nAPPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE\nSUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH\nORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY\nPARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. SUCH COST OF\nLIVING ADJUSTMENT SHALL BE ON NOTICE TO BOTH PARTIES WHO, IF THEY OBJECT\nTO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THE RIGHT TO BE HEARD BY\nTHE COURT AND TO PRESENT EVIDENCE WHICH THE COURT WILL CONSIDER IN\nADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH SECTION FOUR\nHUNDRED THIRTEEN OF THE FAMILY COURT ACT, KNOWN AS THE CHILD SUPPORT\nSTANDARDS ACT.\n (2) A PARTY SEEKING SUPPORT FOR ANY CHILD(REN) RECEIVING FAMILY\nASSISTANCE SHALL HAVE A CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE\nDIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR\nMONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED BY THE\nSUPPORT COLLECTION UNIT, WITHOUT FURTHER APPLICATION BY ANY PARTY. ALL\nPARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER.\n (3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE\nSUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED BY SECTION\nFOUR HUNDRED FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED\nORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL\nBECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE\nTERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING\nON OR AFTER THE EFFECTIVE DATE OF THE ADJUSTED ORDER, REGARDLESS OF\nWHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.\n (b) All court orders of support payable through a support collection\nunit shall on their face in conspicuous type state:\n NOTE: (1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THE\nAPPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE\nSUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER THIS\nORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY\nPARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON APPLICATION\nOF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT\nCOLLECTION UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF\nTHEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE\n(35) DAYS FROM THE DATE OF MAILING TO SUBMIT A WRITTEN OBJECTION TO THE\nCOURT INDICATED ON SUCH ADJUSTED ORDER. UPON RECEIPT OF SUCH WRITTEN\nOBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THE PARTIES MAY\nBE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING\nTHE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS\nACT.\n (2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT\nORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION\nUNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST\nMODIFIED OR LAST ADJUSTED WITHOUT FURTHER APPLICATION OF ANY PARTY. ALL\nPARTIES WILL RECEIVE NOTICE OF ADJUSTMENT FINDINGS.\n (3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE\nSUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED BY SECTION\nFOUR HUNDRED FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED\nORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL\nBECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE\nTERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING\nON OR AFTER THE EFFECTIVE DATE OF THE ORDER, REGARDLESS OF WHETHER OR\nNOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.\n