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Cost of living adjustment

Fort Plain, NY |

It has been over 2 years since my last child support order. In the order it is stated that the child support amount may have a cost of living adjustment no earlier than 24 months after the order was put into effect.

Can I file to have the support upped since it has been over 24 months?

Would it just automatically be adjusted for cost of living if I filed the paperwork or would we have to go back to court?

What paperwork do I need to file?

Is there a possibility after filing that the support amount could go down?

Thanks

Attorney Answers 4


  1. Best answer

    You are probably entitled to an upward adjustment in your child support, if your child support is paid via child support enforcement services. A cost of living adjustment is usually 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." You should speak with a local attorney to review all the specific facts and circumstances pertaining to your situation. Good luck!

    You may contact Ms. Brown at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  2. You asked four questions......

    Yes

    No

    Petition to Modify

    Yes


  3. I am sorry to hear about your situation. You can file another petition with the court and the Judge will decide the outcome. You might get more or less money.

    I would be happy to speak with you about your case and help answer your questions. If you are interested, feel free to call. Additionally, we offer free consultations on the phone so you do not even have to leave your home to get help.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply.

    Hayley Greenberg
    Greenberg & Merola, LLP
    Attorneys at Law
    521 5th Ave. Ste. 1700
    New York, NY 10175
    (212) 593-6111, facsimile (516) 887-1720
    (Additional offices: Brooklyn, Queens, Long Island)
    www.GreenbergMerola.com


  4. Based on your description, it seems like you are entitled to a c.o.l.a. adjustment, and if your payments are being made through a support collection unit, it may happen automatically (although there are a lot of reasons why it wouldn't). If you are using scu, I would call them first, and then if you haven't had any luck, petition to modify. Lots of luck!

    Mr. Reimer is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Reimer strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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