Like Del Frate J., Mitrow J. prefers the principle that the court does have jurisdiction to make interim variation of a final order. With respect to the test to be applied, he referred to Hayes v. Hayes, In that case, Spies J. had this to say, at paragraph 38: …An interim variation of the underlying support order is the most drastic intervention a court could make pending a final hearing of a motion to change. The cases are not clear on what is required to show that continuation of the order would be “incongruous and absurd.” The plain meaning of these terms would suggest the order is inappropriate, unreasonable or ridiculous.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.