Over the past five years or so, inflation has made it more difficult for many families to meet their daily needs in the already expensive New York metropolitan area. Parents are particularly vulnerable when prices rise on staples such as housing, food and clothing. To lessen their burden, mothers and fathers who receive child support are eligible for a cost-of-living adjustment (COLA) when certain conditions exist.
Other child support modifications require a showing of changed circumstances among the parties involved. These might include a parental income shift or a medical condition that makes raising the child more expensive. However, a COLA can be granted even if everyone’s personal situation is basically the same.
To obtain a cost-of-living adjustment, the following must be true:
- The existing child support order is at least two years old
- Payments are made through the Support Collection Unit (SCU)
- The paying parent is not receiving public assistance or Supplemental Security Income
- Cumulative living costs have increased by at least 10 percent since the entry of the order, or a previous COLA. This figure is calculated based on the Consumer Price Index for the relevant geographic area.
It does not matter if the child support order mandates a specific payment amount or a percentage of the paying parent’s income. Either way, the COLA can be applied. Any adjustment is prospective, so past payments need not be supplemented, and existing arrears are not affected.
If a COLA is warranted, SCU will issue notice of the proposed adjustment. Should a parent object to the scheduled change, they can request review by the court. Otherwise, the adjusted amount becomes effective without any hearing.
Don’t wait for a COLA if your child support terms are no longer appropriate due to a change in circumstances. You can petition the court for a revision based on a job loss, medical condition or something else that that justifies a modification under New York State law.
Bryan L. Salamone & Associates, P.C. can use your current information to estimate what the child support obligation would be under the state’s calculator. Our Long Island firm advocates for both paying and recipient parties in matters involving requested modifications to child support and spousal maintenance orders. Please call 631-388-6009 or contact us online to speak with a knowledgeable lawyer.