Adelakun . Adelakun

Opinion

Circuit Court for Howard County Case No. C-13-FM-23-001251

Argued: April 4, 2025 IN THE SUPREME COURT

OF MARYLAND

No. 35

September Term, 2024

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JENNIFER ADELAKUN

v.

ADENIYI ADELAKUN

______________________________________

Fader, C.J.

Watts

Booth

Biran

Gould

Eaves

Killough,

JJ.

______________________________________

PER CURIAM ORDER

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Filed: April 8, 2025

Pursuant to the Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic.

2025.04.08

10:08:59 -04'00'

Gregory Hilton, Clerk

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IN THE

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JENNIFER ADELAKUN SUPREME COURT

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v. OF MARYLAND

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ADENIYI ADELAKUN No. 35

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September Term, 2024

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PER CURIAM ORDER

Upon consideration of the filings by Jennifer Adelakun, Petitioner (hereinafter “Mother”), and Adeniyi Adelakun, Respondent (hereinafter “Father”), and oral argument conducted on April 4, 2025, Whereas, on July 19, 2023, Mother filed in the Circuit Court for Howard County a complaint for absolute divorce from Father in which she requested primary physical custody and sole legal custody of the couple’s three minor children, as well as pendente lite child support, permanent child support, pendente lite alimony, rehabilitative alimony, and permanent alimony, all retroactive to the date of filing; and Whereas, on August 14, 2023, Father filed a counter-complaint for limited divorce in which he requested primary physical custody and sole legal custody, as well as child support based on the Maryland Child Support Guidelines or an amount above the guidelines if applicable; and Whereas, a Family Magistrate in the Circuit Court for Howard County held a pendente lite hearing and issued a report and recommendations, which included findings of fact that both parents are capable of earning significant income, can cover their own

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expenses during the pendente lite period, and neither has demonstrated a credible financial need for pendente lite alimony or child support; and Whereas, on March 5, 2024, the circuit court entered an order adopting the Magistrate’s recommendations and, among other things, denying the requests for pendente lite alimony and child support; and Whereas, on March 6, 2024, Mother noted an interlocutory appeal, citing Md. Code Ann., Cts. & Jud. Proc. (“CJ”) § 12-303; and Whereas, on September 26, 2024, the Appellate Court of Maryland issued an opinion dismissing the interlocutory appeal and holding that an interlocutory order denying pendente lite alimony and child support is not a final judgment and is not appealable as an order for the payment of money pursuant to CJ § 12-303(3)(v), see Adelakun v. Adelakun, 263 Md. App. 356, 379, 384 (2024); and Whereas, on October 7, 2024, Mother filed in this Court a petition for a writ of certiorari, raising the issue of whether an order denying pendente lite child support and alimony is appealable under CJ § 12-303(3)(v), and on November 22, 2024, this Court granted the petition as to the question; and Whereas, on April 4, 2025, this Court held oral argument; and Whereas, although the pendency in this Court of the request for review of the circuit court’s denial of an award of pendente lite child support and alimony does not deprive the circuit court of jurisdiction to proceed with adjudication of the complaint and counter- complaint, this Court issues this order to avoid any potential delay; and

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Whereas, this Court has concluded that the Appellate Court of Maryland correctly held that an interlocutory order denying pendente lite alimony and child support is not appealable as an order for the payment of money pursuant to CJ § 12-303(3)(v), For reasons to be stated later in an opinion to be filed, it is this 8th day of April, 2025, by the Supreme Court of Maryland, ORDERED, that the judgment of the Appellate Court of Maryland is AFFIRMED.

Costs to be paid by Petitioner. The mandate shall issue forthwith.

/s/ Matthew J. Fader

Chief Justice