Q: My child support has not been changed since 2000…my ex has been getting her cola increases without any objections…she tried to increase child support last year but the order was dropped when did not show up in time of the hearing…I have an house an 2 children I support my ex whom I have 2 adult children 20 and 21 years of age she could not prove the reason for the increase and my lawyer objections where granted…but I received a letter saying she proved to acquire increased expenses and can get a De novo review on the case that hasn’t been reviewed since 2000…my lawyer thinks it makes no sense and will be disputing…We have had 3 adjournment back child support if she granted modification will start at the petition she refilled or 2000?…De novo means new hearing but starting from when?..thank you
A: David’s Answer: “De novo” in this context means a simple re-calculation of the support order. Whether this is possible depends on numerous factors – as the original order was set prior to the 2010 support law amendment, were there any orders done afterwards such that you’re “on notice” of the change in the law? Was the original order done pursuant to written agreement, or was it a “mere order of the court?” What’s her basis to modify? For a 2d opinion, schedule a consult with a Bronx Child Support attorney for a full assessment.