N.Y. Family Court Act § 413-a: Review and cost of living adjustment of child support orders

§ 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.