Frank, Case law suggests that consent agreements are as enforceable and modifiable as judicial decrees. Smith vs. Smith, 72 N.J. 350 (1977): "[T]he extent of the change in circumstances, whether urged by plaintiff or defendant, shall be the same, regardless of whether the support payments being questioned were determined by counsel or by judicial decree. In each case the court must determine what, in the light of all the facts presented to it, is equitable and fair, giving due weight to the strong public policy favoring stability or arrangements." A p.l. order is a p.l. order. If it is subject to modification, then its origin should be irrelevant. However, I do agree that in ANY case, good cause is going to be required. Hanan Hay everyone the order under consideration is a consent order. This is different than Johnson et. al. What's changed? Francis G.... Re: Modification of Pendente Lite Consent Order | | | Hay everyone – the order under consideration is a consent order. This is different than Johnson et. al. What's changed? 
Francis G. Grather, Esq. Daly & Associates, LLC 16 South Street, 2nd Floor Morristown, NJ 07960 Phone: 973-292-9222 FAX: 973-933-0099 Important Notices: This message and any documents attached hereto are intended only for the use of the individual or entity to which it is addressed, and is intended as a privileged, confidential communication between Daly & Associates, LLC and its current clients which is exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this communication in error, please immediately notify me by forwarding this e-mail to [email protected], or by telephone and then you must delete the message and its attachments completely from your computer. If you are a current client of Daly & Associates, LLC, please take note that your company's e-mail policies, as well as federal regulations, MAY cause this e-mail to lose its privilege. Therefore, YOU MUST check with your corporate IT and/or HR department as to your company's specific e-mail policies. If you are not a current client of Daly & Associates, LLC, this message does not constitute legal advice, nor does it establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm. For legal advice, please contact and retain an attorney of your own choosing.
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It is well established that "the trial court has the inherent power to be exercised in its sound discretion, to review, revise, reconsider and modify its interlocutory orders at any time prior to the entry of final judgment." Johnson v. Cyklop Strapping Corp., 220 N.J. Super. 250, 257 (App.Div.1987), certif. denied, 110 N.J. 196 (1988) (emphasis added). See also Marconi Wireless Telegraph Co. of Am. v. United States, 320 U.S. 1, 47, 63 S.Ct. 1393, 1415, 87 L.Ed. 1731, 1757 (1943) (finding trial court has "power at any time prior to entry of its final judgment . . . to reconsider any portion of its decision and reopen any part of the case"). That power, which is rooted in the common law, see, e.g., Lyle v. Staten Island Terra-Cotta Lumber Co., 62 N.J. Eq. 797, 805, 48 A. 783 (E & A 1901), is broadly codified in Rule 4:42-2, which provides expansively that "any order. . . which adjudicates fewer than all the claims as to all the parties shall not terminate the action as to any of the claims, and it shall be subject to revision at any time before the entry of final judgment in the sound discretion of the court in the interest of justice." (Emphasis added); see also R. 1:7-4(b) ("Motions for reconsideration of interlocutory orders shall be determined pursuant to R. 4:42-2."). That Rule, like the jurisprudence on which it is based, sets forth no restrictions on the exercise of the power to revise an interlocutory order. ------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
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