§ 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.