New York Social Services Code § 111-N

Review and cost of living adjustment of support orders
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§ 111-n. Review and cost of living adjustment of support orders. 1.\nOrders subject to review. In accordance with the timeframes set forth in\nsubdivision three of this section, the support collection unit shall\nconduct a review for adjustment purposes of:\n  (a) all orders of support being enforced pursuant to this title on\nbehalf of persons in receipt of family assistance; and\n  (b) those orders of support being enforced pursuant to this title on\nbehalf of persons not in receipt of family assistance, for which a\nrequest for a cost of living adjustment review has been received from\neither party to the order.\n  2. Definitions. For purposes of this section, the following\ndefinitions shall be used:\n  (a) "Adjusted child support obligation amount" shall mean the sum of\nthe cost of living adjustment and the support obligation amount\ncontained in the order under review.\n  (b) "Adjusted order" shall mean an order issued by the support\ncollection unit reflecting a change to the obligation amount of the most\nrecently issued order of support made on behalf of a child in receipt of\nfamily assistance or child support enforcement services pursuant to\nsection one hundred eleven-g of this title.\n  (c) "Cost of living adjustment" shall mean the amount by which the\nsupport obligation is changed as the result of a review, and shall be\ndetermined based upon annual average changes to the consumer price index\nfor all urban consumers (CPI-U), as published by the United States\ndepartment of labor bureau of labor statistics, for the years preceding\nthe year of the review, as follows:\n  (1) Identify the CPI-U "percent change from the previous annual\naverage" for each year preceding the year of the review, beginning with\nand including the later of the year in which the most recent order was\nissued or nineteen hundred ninety-four, and calculate the sum of the\npercentages for those years.\n  (2) Where the sum as calculated pursuant to subparagraph one of this\nparagraph equals or exceeds ten percent, multiply the support obligation\nin the order under review by such percentage. The product is the cost of\nliving adjustment.\n  (d) "Order" shall mean an original, modified, or adjusted order of\nsupport; or, after a hearing in response to objections to a cost of\nliving adjustment as set forth in an adjusted order of support, the\norder of support reflecting the application of the child support\nstandards pursuant to section two hundred forty of the domestic\nrelations law or section four hundred thirteen of the family court act,\nor an order of no adjustment.\n  (e) "Review" shall mean the calculation of the cost of living\nadjustment and the adjusted child support obligation amount by the\nsupport collection unit for the most recently issued order of support\nmade on behalf of a child in receipt of family assistance, or child\nsupport enforcement services pursuant to section one hundred eleven-g of\nthis title.\n  3. Timeframes. The review of support orders for cost of living\nadjustment purposes shall be conducted by the support collection unit in\naccordance with the following timeframes:\n  (a) For all orders of support on behalf of persons in receipt of\nfamily assistance, a review shall be conducted during the second\ncalendar year following the year in which the order was issued, or the\ncurrent year, whichever is later. Any cost of living adjustment\nresulting from a review shall be effective sixty days following the date\nof the adjusted order, or twenty-four months after the date of the order\nunder review, whichever is later.\n  (b) For all orders of support on behalf of persons not in receipt of\nfamily assistance, a review shall be conducted during the second\ncalendar year following the year in which the order was issued, or the\ncurrent year, whichever is later; provided, however, that no such review\nshall occur unless a request for such review has been received from a\nparty to the order. Any cost of living adj

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