SUPPORT UNIT v. CHAMBERLIN


99 N.Y.2d 328 (2003)

786 N.E.2d 14

756 N.Y.S.2d 115

In the Matter of TOMPKINS COUNTY SUPPORT COLLECTION UNIT, on Behalf of LINDA S. CHAMBERLIN, Appellant, v. BOYD M. CHAMBERLIN, Respondent.

Court of Appeals of the State of New York.

Decided February 13, 2003.


Attorney(s) appearing for the Case

Alan Dean Scheer, Ithaca, for appellant.

Billinson & Weinshenker, Syracuse (Seth B. Weinshenker, Elizabeth A. Burns and Loretta M. Calvert of counsel), for respondent.

Eliot Spitzer, Attorney General, New York City (David Axinn and Michael S. Belohlavek of counsel), in his statutory capacity under Executive Law § 71 and for New York State Office of Temporary and Disability Assistance, amicus curiae.

Chief Judge KAYE and Judges SMITH, WESLEY, ROSENBLATT, GRAFFEO and READ concur.


OPINION OF THE COURT

CIPARICK, J.

This appeal requires us to interpret section 413-a of the Family Court Act to determine the proper scope of the Family Court's review of an objection to a cost of living adjustment (COLA) to a child support order. We conclude that the statute authorizes the Family Court to review and adjust the underlying support order in accordance with the standards set forth in section...

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