N.Y. Domestic Relations Law § 240-C

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240-C — Review and cost of living adjustment of child supp DRL § 240-C Review and cost of living adjustment of child support orders.1 ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 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 achild in receipt of public assistance, or child support enforcementservices pursuant to section one hundred eleven-g of the social serviceslaw may request that the support collection unit review the order forcost of living adjustment purposes pursuant to section one hundredeleven-n of the social services law.2. Adjustment process. (a) A cost of living adjustment shall be madeby the support collection unit with respect to an order of support underreview if the sum of the annual average changes of the consumer priceindex for all urban consumers (CPI-U), as published annually by theUnited States department of labor bureau of labor statistics, is tenpercent or greater.(b) The cost of living adjustment and adjusted child supportobligation amount as calculated by the review shall be reflected on theadjusted order issued by the support collection unit and mailed to theparties by first class mail. The child support obligation amountcontained in the adjusted order shall be due and owing on the date thefirst payment is due under the terms of the order of support which wasreviewed and adjusted occurring on or after the effective date of theadjusted order.(c) The support collection unit shall provide a copy of the adjustedorder to the court which issued the most recent order of support, whichshall 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 supportcollection unit, and shall 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 supportcollection unit, and shall be submitted to the court in writing withinthirty-five days from the date of mailing of the adjusted order. A copyof the written objection shall be provided by the objecting party to theother party and to the support collection unit.(b) Where such objections are timely filed, the cost of livingadjustment shall not take effect, and a hearing on the adjustment ofsuch 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 accordancewith the child support standards as set forth in section two hundredforty of this article; or(2) where application of the child support standards as set forth insection two hundred forty of this article results in a determinationthat no adjustment is appropriate, an order of no adjustment.(c) Any order of support made by the court under this section shalloccur without the requirement for proof or showing of a change incircumstances.(d) The court shall conduct the hearing and make its determination nolater than forty-five days from the date it receives an objection. Ifthe order under review does not provide for health insurance benefitsfor the child, the court shall make a determination regarding suchbenefits pursuant to section two hundred forty of this article. Theclerk of the court shall immediately transmit copies of the order ofsupport or order of no adjustment issued by the court pursuant to thissubdivision to the parties and the support collection unit. Where ahearing results in the issuance of a new order of support, the effectivedate of the court order shall be the earlier of the date of the courtdetermination or the date the cost of living adjustment would have beeneffective had it not been challenged.(e) Where no objecti edate of the court order shall be the earlier of the date of the courtdetermination or the date the cost of living adjustment would have beeneffective had it not been challenged.(e) Where no objection has been timely raised to a cost of livingadjustment as reflected in an adjusted order, such adjustment shallbecome final without further review by the court or any judge or supportmagistrate thereof.4. Modification of orders. Nothing herein shall be deemed in any wayto limit, restrict, expand or impair the rights of any party to file fora modification of a child support order as is otherwise provided by law.5. Notice. Parties eligible for adjustment of child support ordersshall receive notice of the right to review such orders as follows:(a) All applications or motions by the support collection unit or bypersons seeking support enforcement services through the supportcollection unit for the establishment, modification, enforcement,violation or adjustment of child support orders shall on their face inconspicuous type state:NOTE: Source: NYSenate.gov Open Legislation | Laws of New York Page 1 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240-C — Review and cost of living adjustment of child supp (1) A COURT ORDER OF SUPPORT RESULTING FROM A PROCEEDINGCOMMENCED BY THIS APPLICATION (MOTION) SHALL BE ADJUSTED BY THEAPPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THESUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCHORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANYPARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. SUCH COST OFLIVING ADJUSTMENT SHALL BE ON NOTICE TO BOTH PARTIES WHO, IF THEY OBJECTTO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THE RIGHT TO BE HEARD BYTHE COURT AND TO PRESENT EVIDENCE WHICH THE COURT WILL CONSIDER INADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH SUBDIVISION 1-B OFSECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW, KNOWN AS THECHILD SU PRESENT EVIDENCE WHICH THE COURT WILL CONSIDER INADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH SUBDIVISION 1-B OFSECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW, KNOWN AS THECHILD SUPPORT STANDARDS ACT.(2) A PARTY SEEKING SUPPORT FOR ANY CHILD(REN) RECEIVING FAMILYASSISTANCE SHALL HAVE A CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THEDIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOURMONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED BY THESUPPORT COLLECTION UNIT, WITHOUT FURTHER APPLICATION BY ANY PARTY. ALLPARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER.(3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THESUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED BY SECTIONTWO HUNDRED FORTY-B OF THE DOMESTIC RELATIONS LAW, TO WHICH AN ADJUSTEDORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALLBECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THETERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRINGON OR AFTER THE EFFECTIVE DATE OF THE ADJUSTED ORDER, REGARDLESS OFWHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.(b) All court orders of support payable through a support collectionunit shall on their face in conspicuous type state:NOTE: (1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THEAPPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THESUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER THISORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANYPARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON APPLICATIONOF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORTCOLLECTION UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IFTHEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE(35) DAYS FROM THE DATE OF MAILING TO SUBMIT A WRITTEN OBJECTION TO THECOURT INDICATED ON SUCH ADJUSTED ORDER. UPON RECEIPT OF SUCH WRITTENOBJECTION, COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE(35) DAYS FROM THE DATE OF MAILING TO SUBMIT A WRITTEN OBJECTION TO THECOURT INDICATED ON SUCH ADJUSTED ORDER. UPON RECEIPT OF SUCH WRITTENOBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THE PARTIES MAYBE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTINGTHE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDSACT.(2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORTORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTIONUNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LASTMODIFIED OR LAST ADJUSTED WITHOUT FURTHER APPLICATION BY ANY PARTY. ALLPARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER.(3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THESUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED BY SECTIONTWO HUNDRED FORTY-B OF THE DOMESTIC RELATIONS LAW, TO WHICH AN ADJUSTEDORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALLBECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THETERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRINGON OR AFTER THE EFFECTIVE DATE OF THE ADJUSTED ORDER, REGARDLESS OFWHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER. Source: NYSenate.gov Open Legislation | Laws of New York Page 2