NY Dom Rel L § 240-C (2021)
2021 New York Laws DOM - Domestic Relations Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action 240-C - Review and Cost of Living Adjustment of Child Support Orders.

§ 240-c. 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 two hundred forty of this article; or  (2) where application of the child support standards as set  forth  in section  two  hundred  forty  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 two hundred  forty  of  this  article.  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  (MOTION)  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 SUBDIVISION 1-B  OF SECTION  TWO  HUNDRED  FORTY OF THE DOMESTIC RELATIONS LAW, 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 TWO  HUNDRED FORTY-B OF THE DOMESTIC RELATIONS LAW, 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 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 TWO  HUNDRED FORTY-B OF THE DOMESTIC RELATIONS LAW, 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.