Instructions For Form Ldss-4882a - Information For An Additional Child (Page 3 of 6) in pdf

Additional Elements of Support: The court must determine the parties’ obligation to provide health insurance

benefits, pay cash medical support toward the cost of health insurance or public coverage, and pay for other health

care expenses not covered by insurance. Health care coverage may be provided through a public entity or by a parent

through an employer or organization, or through other available health insurance or health care coverage plans. The

BCSO must also be increased to cover reasonable child care expenses if the custodial parent is working, in school, or

in a vocational training program. If the custodial parent is looking for work and incurs child care expenses, the court

may determine the noncustodial parent’s share of these expenses. In addition, the court may increase the BCSO to

cover the reasonable educational expenses of the child.

Foster Care and Child Support Obligations: In foster care cases, both parents are noncustodial parents with an

obligation to pay support based on the child support guidelines. However, where the amount of support determined

under the guidelines exceeds the costs of foster care, the Child Support Enforcement Unit may argue to the court that

the amount of support is unjust or inappropriate and that the amount of support ordered to be paid should not exceed

the actual costs of foster care plus any costs attributable to the costs of medical assistance paid on behalf of the child.

Modification of Orders:

The Child Support Enforcement Unit can assist you in filing a petition to modify your

order of support, if needed. Either party has the right to seek a modification of the order of support based upon a

showing of a substantial change in circumstances. If the order was effective on or after October 13, 2010,

incarceration shall not be a bar to finding a substantial change in circumstances provided such incarceration is not the

result of non-payment of a child support order, or an offense against the custodial parent or child who is the subject

of the order or judgment. Additionally, under certain conditions pursuant to Family Court Act Section 451(2)(b), an

order of support can be modified based upon: (1) the passage of three years since the order was entered, last modified

or adjusted; or (2) a change in either party’s gross income by fifteen percent or more since the order was entered, last

modified or adjusted. Bases (1) and (2) for seeking a modification of the order of support do not apply if the:

• Original order of support was entered prior to October 13, 2010; or

• Parties entered into a validly executed agreement or stipulation prior to October 13, 2010 which was incorporated

into the original order of support; or

• Parties have specifically opted out of the bases provided in (1) and/or (2) in a validly executed agreement or

stipulation entered into on or after October 13, 2010.

Cost of Living Adjustment: Every two years the Child Support Enforcement Unit will review the account to

determine whether the account is eligible for a cost of living adjustment (COLA). An order of support is eligible for

a COLA if: (1) it has been at least two years since the order was issued or modified by the court, or last received a

COLA; and (2) the sum of the annual average changes in the Consumer Price Index for All Urban Consumers is 10%

or greater since the entry of the last order. The COLA adjustments are made without going to court. In non-

Temporary Assistance cases, a notice is sent to both parties when an account is eligible for a COLA, and either

parent may request the adjustment. For cases where the custodial parent or child is on Temporary Assistance, the

COLA is automatically made when the account becomes eligible — without either parent requesting the adjustment.

UNDERSTANDING THE CHILD SUPPORT SERVICES PROVIDED

The Child Support Enforcement Unit will provide all child support services considered proper for your case as

defined under federal and New York State law and rules. With your assistance and cooperation, services may be

provided to you for as long as child support payments are due and owing. However, if the recipient of services is not

receiving Temporary Assistance or Medicaid, the child support case may be closed for a number of reasons

including:

• Paternity cannot be established;

• The noncustodial parent/putative father cannot be located after diligent effort or is incarcerated with no chance of

parole, institutionalized, or permanently disabled with no ability to pay support;

• The recipient of services fails to cooperate or provide information that is essential to the next step in providing

services;

• The recipient of services makes a written request to close the case; or

• The Child Support Enforcement Unit is unable to contact the recipient of services by telephone or mail.

childsupport.ny.gov

Instructions For Form Ldss-4882a - Information For An Additional Child Page 3

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