When will a stay be granted in a case involving spousal support?

On behalf of the wife it is argued that a stay should only be granted in the clearest of cases. Since the final divorce decree in Texas did not address the issue of support directly but only through the adoption of the mediated divorce agreement, it is argued that the issue of spousal support has not been decided. Although there is authority in Rothgiesser v. Rothgiesser (infra), that Section 22 of the Divorce Act would bar this consideration, the wife wishes to argue that that authority was merely obiter and that there may still be jurisdiction to consider the issue here.