STATE OF NEW JERSEY VS. ELTEREKE DANIELS(15-02-0409, ESSEX COUNTY AND STATEWIDE), A-2024-15T1

Cavrell and Futterknecht divorced in 2012; their MSA (incorporated into the judgment) required Futterknecht to pay $12,500/month permanent alimony.
Post-judgment litigation: plaintiff repeatedly moved to enforce the MSA; defendant sought downward modification claiming decreased business income after 2010.
In 2013 a consent order reaffirmed the alimony; defendant’s first modification motion was denied without prejudice and counsel fees awarded to plaintiff.
In January 2014 defendant renewed his modification request; the Family Part denied relief in June 2014, found defendant noncompliant, fixed arrears, and ordered lump-sum and compliance payments (with enforcement through probation).
Defendant moved to vacate the June 2014 orders under R. 4:50 and to void alimony/arrearages alleging due process defects and that the court failed to independently review his financial records; relief was denied in July and August 2015; defendant appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the June 2014 orders should be vacated under R. 4:50 for delay in filing and procedural defects	Cavrell argued orders were proper and enforcement appropriate	Futterknecht argued orders filed months after oral argument, violating due process and justifying vacatur	Denied — court found no abuse of discretion and refused to relitigate 2014 financial issues
Whether court abused discretion by not appointing independent forensic accountant/reviewing defendant’s records	Cavrell contended no relief warranted; enforcement proper	Futterknecht claimed court failed to conduct independent review of his financial boxes and refused a plenary hearing	Denied — court accepted prior judge’s reasoning and found defendant failed to show entitlement to reconsideration
Whether the judge failed to make adequate findings under R. 1:7‑4	Cavrell maintained findings were adequate	Futterknecht claimed insufficient factual findings and conclusions of law	Denied — appellate court found no reversible error and deferred to trial court discretion
Whether alimony obligation and large arrearages should be vacated as fraudulent or fictitious	Cavrell sought enforcement of alimony and arrears	Futterknecht asserted alimony/arrearages were fraudulent and should be vacated	Denied — court rejected challenge to enforcement and found no basis to vacate obligations

U.S. Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449 (2012) (standard of review for Rule 4:50-1 motions; substantial deference to trial court)
Iliadis v. Wal‑Mart Stores, Inc., 191 N.J. 88 (2007) (definition of abuse of discretion standard)
Palombi v. Palombi, 414 N.J. Super. 274 (App. Div. 2010) (reconsideration is limited to narrow corridor: palpably incorrect or overlooked evidence)
D'Atria v. D'Atria, 242 N.J. Super. 392 (Ch. Div. 1990) (articulation of reconsideration standard under Rule 4:49-2)