Applications for relief from equitable distribution provisions contained in a JOD are subject to R. 4:50-1 standard

Law Lessons from MARIANNE PERLSTEIN v. ROSS PERLSTEIN, App. Div., A-4785-08T2, April 26, 2011: A motion for relief from judgment should be granted "sparingly" and in "exceptional situations" in which, "were it not applied, a grave injustice would occur." Hous. Auth. of Morristown v. Little, 135 N.J. 274, 289 (1994). Nevertheless, any decision to grant or deny a motion pursuant to Rule 4:50-1 must be guided by principles of equity. Id. at 283. It is well-established that courts have the equitable authority to "modify property settlement agreements executed in connection with divorce proceedings . . . ." Miller v. Miller, 160 N.J. 408, 418 (1999). "'[A]pplications for relief from equitable distribution provisions contained in a [JOD] are subject to [R. 4:50-1 standard] and not, as in the case of alimony, support, custody, and other matters of continuing jurisdiction of the court, subject to a "changed circumstances" standard.'" Eaton v. Grau, 368 N.J. Super. 215, 222 (App. Div. 2004) (quoting Pressler, Current N.J. Court Rules, comment 1.7 on R. 4:50-1 (2004)). Note: There is a print link embedded within this post, please visit this post to print it. NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

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