Carton & Rosoff PC-Attorney at Law

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What is a cost of living adjustment and how is it applied?

There have been many changes in society in New York over the years and things continue to change. These changes are often seen in technology, which seems to be changing all the time. These technological advances can completely change life and lifestyles even over the course of just a decade. There are also other common changes as well and one of those is that the cost of living continues to go upward. Various products and services continue to become more expensive as the years pass.

This means that people need more money in order to keep the same lifestyles as the cost of living continues to grow. Therefore, people can request cost of living adjustments to their child support orders. These are basically increases in child support that correspond to the increases in the cost of living in the area.

Anyone who is utilizing the child support services can request cost of living reviews. The child support unit will review the child support order and if the cost of living has increased by 10 percent since the time the order was issued, then they will submit an amended order to a judge to sign reflecting the increase in the child support obligation. This can be done without a hearing. These adjustments are not modifications though and do not need to meet the change in circumstances requirements for modifications.

However, people can object to the cost of living increase. This must be done within 35 days of the order being issued. If there is an objection to the increase, the cost of living adjustment will not go into effect until a hearing is held. At the hearing the judge will determine whether it should go into place or not.

People in New York could be required to pay child support for a long period of time depending on when in the child's life the original order is issued. Over this time the cost of living could certainly increase, and people have a right to seek increases in child support to reflect the cost of living increases. Experienced attorneys understand child support orders and may be a useful resource.

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Carton & Rosoff PC
150 Grand Street, Suite 305
White Plains, NY 10601

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