NY Soc Serv L § 111-N (2021)
2021 New York Laws SOS - Social Services Article 3 - Local Public Welfare Organization; Powers and Duties Title 6-A - Establishment of Paternity and Enforcement of Support 111-N - 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.