2023 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.