§ 413-a. 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 four hundred
thirteen of this article; or

(2) where application of the child support standards as set forth in
section four hundred thirteen 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 four hundred sixteen of this part. 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 (PETITION) 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 SECTION FOUR
HUNDRED THIRTEEN OF THE FAMILY COURT ACT, 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
FOUR HUNDRED FORTY-THREE OF THE FAMILY COURT ACT, 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 OF ANY PARTY. ALL
PARTIES WILL RECEIVE NOTICE OF ADJUSTMENT FINDINGS.

(3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE
SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED BY SECTION
FOUR HUNDRED FORTY-THREE OF THE FAMILY COURT ACT, 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 ORDER, REGARDLESS OF WHETHER OR
NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.