ALLENDALE BERGEN COUNTY NEW JERSEY DIVORCE LAWYER

The mother moved to vacate a child support order, entered without notice to her, in which the court reduced the father's support obligation. She was attending nursing school full time, could only briefly work a part-time job because of taking care of the parties' 4 children, and was only able to afford a one-bedroom apartment for herself and the children. In denying the motion to vacate, the trial court simply stated that it was untimely. But under New Jersey Rule 4:50-1, the motion should have been granted since no prejudice was claimed or shown by the ten-month delay in bringing the motion and there was no proof of service of the summary action.    Odionu v. Enekebe, New Jersey App. Div., April 16, 2008