§ 413. Parents' duty to support child. 1. (a) Except as provided in
subdivision two of this section, the parents of a child under the age of
twenty-one years are chargeable with the support of such child and, if
possessed of sufficient means or able to earn such means, shall be
required to pay for child support a fair and reasonable sum as the court
may determine. The court shall make its award for child support pursuant
to the provisions of this subdivision. The court may vary from the
amount of the basic child support obligation determined pursuant to
paragraph (c) of this subdivision only in accordance with paragraph (f)
of this subdivision.

(b) For purposes of this subdivision, the following definitions shall
be used:

(1) "Basic child support obligation" shall mean the sum derived by
adding the amounts determined by the application of subparagraphs two
and three of paragraph (c) of this subdivision except as increased
pursuant to subparagraphs four, five, six and seven of such paragraph.

(2) "Child support" shall mean a sum to be paid pursuant to court
order or decree by either or both parents or pursuant to a valid
agreement between the parties for care, maintenance and education of any
unemancipated child under the age of twenty-one years.

(3) "Child support percentage" shall mean:

(i) seventeen percent of the combined parental income for one child;

(ii) twenty-five percent of the combined parental income for two
children;

(iii) twenty-nine percent of the combined parental income for three
children;

(iv) thirty-one percent of the combined parental income for four
children; and

(v) no less than thirty-five percent of the combined parental income
for five or more children.

(4) "Combined parental income" shall mean the sum of the income of
both parents.

(5) "Income" shall mean, but shall not be limited to, the sum of the
amounts determined by the application of clauses (i), (ii), (iii), (iv),
(v) and (vi) of this subparagraph reduced by the amount determined by
the application of clause (vii) of this subparagraph:

(i) gross (total) income as should have been or should be reported in
the most recent federal income tax return. If an individual files
his/her federal income tax return as a married person filing jointly,
such person shall be required to prepare a form, sworn to under penalty
of law, disclosing his/her gross income individually;

(ii) to the extent not already included in gross income in clause (i)
of this subparagraph, investment income reduced by sums expended in
connection with such investment;

(iii) to the extent not already included in gross income in clauses
(i) and (ii) of this subparagraph, the amount of income or compensation
voluntarily deferred and income received, if any, from the following
sources:

(A) workers' compensation,

(B) disability benefits,

(C) unemployment insurance benefits,

(D) social security benefits,

(E) veterans benefits,

(F) pensions and retirement benefits,

(G) fellowships and stipends,

(H) annuity payments, and

(I) alimony or maintenance actually paid or to be paid to a spouse who
is a party to the instant action pursuant to an existing court order or
contained in the order to be entered by the court, or pursuant to a
validly executed written agreement, in which event the order or
agreement shall provide for a specific adjustment, in accordance with
this subdivision, in the amount of child support payable upon the
termination of alimony or maintenance to such spouse; provided, however,
that the specific adjustment in the amount of child support is without
prejudice to either party's right to seek a modification in accordance
with subdivision three of section four hundred fifty-one of this
article. In an action or proceeding to modify an order of child support,
including an order incorporating without merging an agreement, issued
prior to the effective date of this subclause, the provisions of this
subclause shall not, by themselves, constitute a substantial change of
circumstances pursuant to paragraph (a) of subdivision three of section
four hundred fifty-one of this article.

(iv) at the discretion of the court, the court may attribute or impute
income from such other resources as may be available to the parent,
including, but not limited to:

(A) non-income producing assets,

(B) meals, lodging, memberships, automobiles or other perquisites that
are provided as part of compensation for employment to the extent that
such perquisites constitute expenditures for personal use, or which
expenditures directly or indirectly confer personal economic benefits,

(C) fringe benefits provided as part of compensation for employment,
and

(D) money, goods, or services provided by relatives and friends;

In determining the amount of income that may be attributed or imputed,
the court shall consider the specific circumstances of the parent, to
the extent known, including such factors as the parent's assets,
residence, employment and earning history, job skills, educational
attainment, literacy, age, health, criminal record and other employment
barriers, record of seeking work, the local job market, the availability
of employers willing to hire the parent, prevailing earnings level in
the local community, and other relevant background factors such as the
age, number, needs, and care of the children covered by the child
support order. Attribution or imputation of income shall be accompanied
by specific written findings identifying the basis or bases for such
determination utilizing factors required or permitted to be considered
pursuant to this clause;

(v) an amount imputed as income based upon the parent's former
resources or income, if the court determines that a parent has reduced
resources or income in order to reduce or avoid the parent's obligation
for child support; provided that incarceration shall not be considered
voluntary unemployment;

(vi) to the extent not already included in gross income in clauses (i)
and (ii) of this subparagraph, the following self-employment deductions
attributable to self-employment carried on by the taxpayer:

(A) any depreciation deduction greater than depreciation calculated on
a straight-line basis for the purpose of determining business income or
investment credits, and

(B) entertainment and travel allowances deducted from business income
to the extent said allowances reduce personal expenditures;

(vii) the following shall be deducted from income prior to applying
the provisions of paragraph (c) of this subdivision:

(A) unreimbursed employee business expenses except to the extent said
expenses reduce personal expenditures,

(B) alimony or maintenance actually paid to a spouse not a party to
the instant action pursuant to court order or validly executed written
agreement,

(C) alimony or maintenance actually paid or to be paid to a spouse who
is a party to the instant action pursuant to an existing court order or
contained in the order to be entered by the court, or pursuant to a
validly executed written agreement, in which event the order or
agreement shall provide for a specific adjustment, in accordance with
this subdivision, in the amount of child support payable upon the
termination of alimony or maintenance to such spouse; provided, however,
that the specific adjustment in the amount of child support is without
prejudice to either party's right to seek a modification in accordance
with subdivision three of section four hundred fifty-one of this
article. In an action or proceeding to modify an order of child support,
including an order incorporating without merging an agreement, issued
prior to the effective date of this subclause, the provisions of this
subclause shall not, by themselves, constitute a substantial change of
circumstances pursuant to paragraph (a) of subdivision three of section
four hundred fifty-one of this article.

(D) child support actually paid pursuant to court order or written
agreement on behalf of any child for whom the parent has a legal duty of
support and who is not subject to the instant action,

(E) public assistance,

(F) supplemental security income,

(G) New York city or Yonkers income or earnings taxes actually paid,
and

(H) federal insurance contributions act (FICA) taxes actually paid.

(6) "Self-support reserve" shall mean one hundred thirty-five percent
of the poverty income guidelines amount for a single person as reported
by the federal department of health and human services. For the calendar
year nineteen hundred eighty-nine, the self-support reserve shall be
eight thousand sixty-five dollars. On March first of each year, the
self-support reserve shall be revised to reflect the annual updating of
the poverty income guidelines as reported by the federal department of
health and human services for a single person household.

(c) The amount of the basic child support obligation shall be
determined in accordance with the provision of this paragraph:

(1) The court shall determine the combined parental income.

(2) The court shall multiply the combined parental income up to the
amount set forth in paragraph (b) of subdivision two of section one
hundred eleven-i of the social services law by the appropriate child
support percentage and such amount shall be prorated in the same
proportion as each parent's income is to the combined parental income.

(3) Where the combined parental income exceeds the dollar amount set
forth in subparagraph two of this paragraph, the court shall determine
the amount of child support for the amount of the combined parental
income in excess of such dollar amount through consideration of the
factors set forth in paragraph (f) of this subdivision and/or the child
support percentage.

(4) Where the custodial parent is working, or receiving elementary or
secondary education, or higher education or vocational training which
the court determines will lead to employment, and incurs child care
expenses as a result thereof, the court shall determine reasonable child
care expenses and such child care expenses, where incurred, shall be
prorated in the same proportion as each parent's income is to the
combined parental income. Each parent's pro rata share of the child care
expenses shall be separately stated and added to the sum of
subparagraphs two and three of this paragraph.

(5) The court shall determine the parties' obligation to provide
health insurance benefits pursuant to section four hundred sixteen of
this part and to pay cash medical support as provided under this
subparagraph.

(i) "Cash medical support" means an amount ordered to be paid toward
the cost of health insurance provided by a public entity or by a parent
through an employer or organization, including such employers or
organizations which are self insured, or through other available health
insurance or health care coverage plans, and/or for other health care
expenses not covered by insurance.

(ii) Where health insurance benefits pursuant to paragraph one and
subparagraphs (i) and (ii) of paragraph two of subdivision (e) of
section four hundred sixteen of this part are determined by the court to
be available, the cost of providing health insurance benefits shall be
prorated between the parties in the same proportion as each parent's
income is to the combined parental income. If the custodial parent is
ordered to provide such benefits, the non-custodial parent's pro rata
share of such costs shall be added to the basic support obligation. If
the non-custodial parent is ordered to provide such benefits, the
custodial parent's pro rata share of such costs shall be deducted from
the basic support obligation.

(iii) Where health insurance benefits pursuant to paragraph one and
subparagraphs (i) and (ii) of paragraph two of subdivision (e) of
section four hundred sixteen of this part are determined by the court to
be unavailable, if the child or children are determined eligible for
coverage under the medical assistance program established pursuant to
title eleven of article five of the social services law, the court shall
order the non-custodial parent to pay cash medical support as follows:

(A) In the case of a child or children authorized for managed care
coverage under the medical assistance program, the lesser of the amount
that would be required as a family contribution under the state's child
health insurance plan pursuant to title one-A of article twenty-five of
the public health law for the child or children if they were in a
two-parent household with income equal to the combined income of the
non-custodial and custodial parents or the premium paid by the medical
assistance program on behalf of the child or children to the managed
care plan. The court shall separately state the non-custodial parent's
monthly obligation. The non-custodial parent's cash medical support
obligation under this clause shall not exceed five percent of his or her
gross income, or the difference between the non-custodial parent's
income and the self-support reserve, whichever is less.

(B) In the case of a child or children authorized for fee-for-service
coverage under the medical assistance program other than a child or
children described in item (A) of this clause, the court shall determine
the non-custodial parent's maximum annual cash medical support
obligation, which shall be equal to the lesser of the monthly amount
that would be required as a family contribution under the state's child
health insurance plan pursuant to title one-A of article twenty-five of
the public health law for the child or children if they were in a
two-parent household with income equal to the combined income of the
non-custodial and custodial parents times twelve months or the number of
months that the child or children are authorized for fee-for-service
coverage during any year. The court shall separately state in the order
the non-custodial parent's maximum annual cash medical support
obligation and, upon proof to the court that the non-custodial parent,
after notice of the amount due, has failed to pay the public entity for
incurred health care expenses, the court shall order the non-custodial
parent to pay such incurred health care expenses up to the maximum
annual cash medical support obligation. Such amounts shall be support
arrears/past due support and shall be subject to any remedies as
provided by law for the enforcement of support arrears/past due support.
The total annual amount that the non-custodial parent is ordered to pay
under this clause shall not exceed five percent of his or her gross
income or the difference between the non-custodial parent's income and
the self-support reserve, whichever is less.

(C) The court shall order cash medical support to be paid by the
non-custodial parent for health care expenses of the child or children
paid by the medical assistance program prior to the issuance of the
court's order. The amount of such support shall be calculated as
provided under item (A) or (B) of this clause, provided that the amount
that the non-custodial parent is ordered to pay under this item shall
not exceed five percent of his or her gross income or the difference
between the non-custodial parent's income and the self-support reserve,
whichever is less, for the year when the expense was incurred. Such
amounts shall be support arrears/past due support and shall be subject
to any remedies as provided by law for the enforcement of support
arrears/past due support.

(iv) Where health insurance benefits pursuant to paragraph one and
subparagraphs (i) and (ii) of paragraph two of subdivision (e) of
section four hundred sixteen of this part are determined by the court to
be unavailable, and the child or children are determined eligible for
coverage under the state's child health insurance plan pursuant to title
one-A of article twenty-five of the public health law, the court shall
prorate each parent's share of the cost of the family contribution
required under such child health insurance plan in the same proportion
as each parent's income is to the combined parental income, and state
the amount of the non-custodial parent's share in the order. The total
amount of cash medical support that the non-custodial parent is ordered
to pay under this clause shall not exceed five percent of his or her
gross income, or the difference between the non-custodial parent's
income and the self-support reserve, whichever is less.

(v) In addition to the amounts ordered under clause (ii), (iii), or
(iv) of this subparagraph, the court shall pro rate each parent's share
of reasonable health care expenses not reimbursed or paid by insurance,
the medical assistance program established pursuant to title eleven of
article five of the social services law, or the state's child health
insurance plan pursuant to title one-A of article twenty-five of the
public health law, in the same proportion as each parent's income is to
the combined parental income, and state the non-custodial parent's share
as a percentage in the order. The non-custodial parent's pro rata share
of such health care expenses determined by the court to be due and owing
shall be support arrears/past due support and shall be subject to any
remedies provided by law for the enforcement of support arrears/past due
support. In addition, the court may direct that the non-custodial
parent's pro rata share of such health care expenses be paid in one sum
or in periodic sums, including direct payment to the health care
provider.

(vi) Upon proof by either party that cash medical support pursuant to
clause (ii), (iii), (iv) or (v) of this subparagraph would be unjust or
inappropriate pursuant to paragraph (f) of subdivision one of this
section, the court shall:

(A) order the parties to pay cash medical support as the court finds
just and appropriate, considering the best interests of the child; and

(B) set forth in the order the factors it considered, the amount
calculated under this subparagraph, the reason or reasons the court did
not order such amount, and the basis for the amount awarded.

(6) Where the court determines that the custodial parent is seeking
work and incurs child care expenses as a result thereof, the court may
determine reasonable child care expenses and may apportion the same
between the custodial and non-custodial parent. The non-custodial
parent's share of such expenses shall be separately stated and paid in a
manner determined by the court.

(7) Where the court determines, having regard for the circumstances of
the case and of the respective parties and in the best interests of the
child, and as justice requires, that the present or future provision of
post-secondary, private, special, or enriched education for the child is
appropriate, the court may award educational expenses. The non-custodial
parent shall pay educational expenses, as awarded, in a manner
determined by the court, including direct payment to the educational
provider.

(d) Notwithstanding the provisions of paragraph (c) of this
subdivision, where the annual amount of the basic child support
obligation would reduce the non-custodial parent's income below the
poverty income guidelines amount for a single person as reported by the
federal department of health and human services, the basic child support
obligation shall be twenty-five dollars per month; provided, however,
that if the court finds that such basic child support obligation is
unjust or inappropriate, which finding shall be based upon
considerations of the factors set forth in paragraph (f) of this
subdivision, then the court shall order the non-custodial parent to pay
such amount of the child support as the court finds just and
appropriate. Notwithstanding the provisions of paragraph (c) of this
subdivision, where the annual amount of the basic child support
obligation would reduce the non-custodial parent's income below the
self-support reserve but not below the poverty income guidelines amount
for a single person as reported by the federal department of health and
human services, the basic child support obligation shall be fifty
dollars per month or the difference between the non-custodial parent's
income and the self-support reserve, whichever is greater, in addition
to any amounts that the court may, in its discretion, order in
accordance with subparagraphs four, five, six and/or seven of paragraph
(c) of this subdivision.

(e) Where a parent is or may be entitled to receive non-recurring
payments from extraordinary sources not otherwise considered as income
pursuant to this section, including but not limited to:

(1) Life insurance policies;

(2) Discharges of indebtedness;

(3) Recovery of bad debts and delinquency amounts;

(4) Gifts and inheritances; and

(5) Lottery winnings,
the court, in accordance with paragraphs (c), (d) and (f) of this
subdivision may allocate a proportion of the same to child support, and
such amount shall be paid in a manner determined by the court.

(f) The court shall calculate the basic child support obligation, and
the non-custodial parent's pro rata share of the basic child support
obligation. Unless the court finds that the non-custodial parents's
pro-rata share of the basic child support obligation is unjust or
inappropriate, which finding shall be based upon consideration of the
following factors:

(1) The financial resources of the custodial and non-custodial parent,
and those of the child;

(2) The physical and emotional health of the child and his/her special
needs and aptitudes;

(3) The standard of living the child would have enjoyed had the
marriage or household not been dissolved;

(4) The tax consequences to the parties;

(5) The non-monetary contributions that the parents will make toward
the care and well-being of the child;

(6) The educational needs of either parent;

(7) A determination that the gross income of one parent is
substantially less than the other parent's gross income;

(8) The needs of the children of the non-custodial parent for whom the
non-custodial parent is providing support who are not subject to the
instant action and whose support has not been deducted from income
pursuant to subclause (D) of clause (vii) of subparagraph five of
paragraph (b) of this subdivision, and the financial resources of any
person obligated to support such children, provided, however, that this
factor may apply only if the resources available to support such
children are less than the resources available to support the children
who are subject to the instant action;

(9) Provided that the child is not on public assistance (i)
extraordinary expenses incurred by the non-custodial parent in
exercising visitation, or (ii) expenses incurred by the non-custodial
parent in extended visitation provided that the custodial parent's
expenses are substantially reduced as a result thereof; and

(10) Any other factors the court determines are relevant in each case,
the court shall order the non-custodial parent to pay his or her pro
rata share of the basic child support obligation, and may order the
non-custodial parent to pay an amount pursuant to paragraph (e) of this
subdivision.

(g) Where the court finds that the non-custodial parent's pro rata
share of the basic child support obligation is unjust or inappropriate,
the court shall order the non-custodial parent to pay such amount of
child support as the court finds just and appropriate, and the court
shall set forth, in a written order, the factors it considered; the
amount of each party's pro rata share of the basic child support
obligation; and the reasons that the court did not order the basic child
support obligation. Such written order may not be waived by either party
or counsel; provided, however, and notwithstanding any other provision
of law, including but not limited to section four hundred fifteen of
this part, the court shall not find that the non-custodial parent's pro
rata share of such obligation is unjust or inappropriate on the basis
that such share exceeds the portion of a public assistance grant which
is attributable to a child or children. Where the non-custodial parent's
income is less than or equal to the poverty income guidelines amount for
a single person as reported by the federal department of health and
human services, unpaid child support arrears in excess of five hundred
dollars shall not accrue.

(h) A validly executed agreement or stipulation voluntarily entered
into between the parties after the effective date of this subdivision
presented to the court for incorporation in an order or judgment shall
include a provision stating that the parties have been advised of the
provisions of this subdivision and that the basic child support
obligation provided for therein would presumptively result in the
correct amount of child support to be awarded. In the event that such
agreement or stipulation deviates from the basic child support
obligation, the agreement or stipulation must specify the amount that
such basic child support obligation would have been and the reason or
reasons that such agreement or stipulation does not provide for payment
of that amount. Such provision may not be waived by either party or
counsel. Nothing contained in this subdivision shall be construed to
alter the rights of the parties to voluntarily enter into validly
executed agreements or stipulations which deviate from the basic child
support obligation provided such agreements or stipulations comply with
the provisions of this paragraph. The court shall, however, retain
discretion with respect to child support pursuant to this section. Any
court order or judgment incorporating a validly executed agreement or
stipulation which deviates from the basic child support obligation shall
set forth the court's reasons for such deviation.

(i) Where either or both parties are unrepresented, the court shall
not enter an order or judgment other than a temporary order pursuant to
section two hundred thirty-seven of the domestic relations law, that
includes a provision for child support unless the unrepresented party or
parties have received a copy of the child support standards chart
promulgated by the commissioner of the office of temporary and
disability assistance pursuant to subdivision two of section one hundred
eleven-i of the social services law. Where either party is in receipt of
child support enforcement services through the local social services
district, the local social services district child support enforcement
unit shall advise such party of the amount derived from application of
the child support percentage and that such amount serves as a starting
point for the determination of the child support award, and shall
provide such party with a copy of the child support standards chart.

(j) In addition to financial disclosure required in section four
hundred twenty-four-a of this article, the court may require that the
income and/or expenses of either party be verified with documentation
including, but not limited to, past and present income tax returns,
employer statements, pay stubs, corporate, business, or partnership
books and records, corporate and business tax returns, and receipts for
expenses or such other means of verification as the court determines
appropriate. Nothing herein shall affect any party's right to pursue
discovery pursuant to this chapter, the civil practice law and rules, or
the family court act.

(k) When a party has defaulted and/or the court is otherwise presented
with insufficient evidence to determine gross income, the support
obligation shall be based on available information about the specific
circumstances of the parent, in accordance with clause (iv) of
subparagraph five of paragraph (b) of this subdivision. Such order may
be retroactively modified upward, without a showing of change in
circumstances.

(l) In any action or proceeding for modification of an order of child
support existing prior to the effective date of this paragraph, brought
pursuant to this article, the child support standards set forth in
paragraphs (a) through (k) of this subdivision shall not constitute
grounds for modification of such support order; provided, however, that
(1) where the circumstances warrant modification of such order, or (2)
where any party objects to an adjusted child support order made or
proposed at the direction of the support collection unit pursuant to
section one hundred eleven-h or one hundred eleven-n of the social
services law, and the court is reviewing the current order of child
support, such standards shall be applied by the court in its
determination with regard to the request for modification or disposition
of an objection to an adjusted child support order made or proposed by a
support collection unit. In applying such standards, when the order to
be modified incorporates by reference or merges with a validly executed
separation agreement or stipulation of settlement, the court may
consider, in addition to the factors set forth in paragraph (f) of this
subdivision, the provisions of such agreement or stipulation concerning
property distribution, distributive award and/or maintenance in
determining whether the amount calculated by using the standards would
be unjust or inappropriate.

2. Nothing in this article shall impose any liability upon a person to
support the adopted child of his or her spouse, if such child was
adopted after the adopting spouse is living separate and apart from the
non-adopting spouse pursuant to a legally recognizable separation
agreement or decree under the domestic relations law. Such liability
shall not be imposed for so long as the spouses remain separate and
apart after the adoption.

3. a. One-time adjustment of child support orders issued prior to
September fifteenth, nineteen hundred eighty-nine. Any party to a child
support order issued prior to September fifteenth, nineteen hundred
eighty-nine on the behalf of a child in receipt of public assistance or
child support services pursuant to section one hundred eleven-g of the
social services law may request that the support collection unit
undertake one review of the order for adjustment purposes pursuant to
section one hundred eleven-h of the social services law. A hearing on
the adjustment of such order shall be granted upon the objection of
either party pursuant to the provisions of this section. An order shall
be adjusted if as of the date of the support collection unit's review of
the correct amount of child support as calculated pursuant to the
provisions of this section would deviate by at least ten percent from
the child support ordered in the last permanent support order of the
court. Additionally, a new support order shall be issued upon a showing
that the current order of support does not provide for the health care
needs of the child through insurance or otherwise. Eligibility of the
child for medical assistance shall not relieve any obligation the
parties otherwise have to provide for the health care needs of the
child. The support collection unit's review of a child support order
shall be made on notice to all parties to the current support order and
shall be subject to the provisions of section four hundred twenty-four-a
of this article. 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.

b. Upon receipt of an adjustment finding and where appropriate a
proposed order in conformity with such finding filed by either party or
by the support collection unit, a party shall have thirty-five days from
the date of mailing of the adjustment finding and proposed adjusted
order, if any, to submit to the court identified thereon specific
written objections to such finding and proposed order.

(1) If specific written objections are submitted by either party or by
the support collection unit, a hearing shall be scheduled by the court
on notice to the parties and the support collection unit, who shall have
the right to be heard by the court and to offer evidence in support of
or in opposition to adjustment of the support order.

(2) The party filing the specific written objections shall bear the
burden of going forward and the burden of proof; provided, however, that
if the support collection unit has failed to provide the documentation
and information required by subdivision fourteen of section one hundred
eleven-h of the social services law, the court shall first require the
support collection unit to furnish such documents and information to the
parties and the court.

(3) If the court finds by a preponderance of the evidence that the
specific written objections have been proven, the court shall
recalculate or readjust the proposed adjusted order accordingly or, for
good cause, shall remand the order to the support collection unit for
submission of a new proposed adjusted order. Any readjusted order so
issued by the court or resubmitted by the support collection unit
following remand by the court shall be effective as of the date the
proposed adjusted order would have been effective had no written
objections been filed.

(4) If the court finds that the specific written objections have not
been proven by a preponderance of the evidence, the court shall
immediately issue the adjusted order, which shall be effective as of the
date the order would have been effective had no written objections been
filed.

(5) If the determination of the specific written objections has been
made by a family court support magistrate, the parties shall be
permitted to obtain judicial review of such determination by filing
timely written objections pursuant to subdivision (e) of section four
hundred thirty-nine of this act.

(6) If the court receives no specific written objections to the
support order within thirty-five days of the mailing of the proposed
order, the clerk of the court shall immediately issue the order without
any further review, modification, or other prior action by the court or
any judge or support magistrate thereof, and the clerk shall immediately
transmit copies of the order of support to the parties and to the
support collection unit.

c. A motion to vacate an order of support adjusted pursuant to this
section may be made no later than forty-five days after an adjusted
support order is executed by the court where no specific written
objections to the proposed order have been timely received by the court.
Such motion shall be granted only upon a determination by the court
issuing such order that personal jurisdiction was not timely obtained
over the moving party.

4. On-going cost of living adjustment of child support orders issued
prior to September fifteenth, nineteen hundred eighty-nine. Any party to
a child support order issued prior to September fifteenth, nineteen
hundred eighty-nine on the behalf of a child in receipt of public
assistance or child support services pursuant to section one hundred
eleven-g of the social services law may request that the support
collection unit review the order for a cost of living adjustment in
accordance with the provisions of section four hundred thirteen-a of
this article.