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Cost of living and child support in New York

A big part of a child support agreement is the cost of living for the parents of the children. Cost of living increases every so often, especially in the state of New York, so it’s important that parents headed for child custody battles understand how it plays a major role in the child support amount.

When the cost of living increases in New York, you can file for a cost of living adjustment (COLA). This is a document that helps get the child support amount increased because of the increase in cost of living. You are not required to show any changes in your personal circumstances for this to be approved by the court. This can be acquired once per year, but cannot be acquired the first time until the original child support order is two years old.

A COLA can be requested by either the parent who pays the child support or the parent who receives the child support. A COLA is not automatically approved each year either. There had to have been a significant change in the cost of living in your area for it to be approved. The change has to be at least 10 percent from the year of the most recent order or the year 1994, whichever is the later year.

Any child support order that is paid using the Support Collection Unit can receive a COLA. These become invalid when the Support Collection Unit does not have a valid address for the person paying the child support or when the person paying the child support receives public assistance or Social Security Insurance.

A review of cost of living is automatically done when the person requesting it is on public assistance. A notice is issued to both parties by the Support Collection Unit that a review is possible and either party can then request the review.

Having trouble agreeing to a child support amount in New York? Contact our firm to discuss your situation and gain insight on the cost of living portion of child support.

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

We as a nation have overcome great obstacles in the past and although the challenges that lie ahead of us as community, as a state, and as a nation are great, we will overcome them as our resilience as individuals, as a community and as a nation will allow us to prevail.

May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP

Should you have any questions please feel free to contact us at 845-566-5345

For more information regarding the COVID-19 virus please visit any of the following sites:

Centers for Disease Control and Prevention

NYS Department of Health

Orange County Dept. of Health

Ulster County Dept. of Health

For information and updates regarding court postponements or closings please visit:

NYS Unified Court System

9th Judicial District

3rd Judicial District