JENNIFER ADELAKUN v. ADENIYI ADELAKUN
No. 35
IN THE SUPREME COURT OF MARYLAND
April 8, 2025
Fader, C.J., Watts, Booth, Biran, Gould, Eaves, Killough, JJ.
September Term, 2024; Circuit Court for Howard County Case No. C-13-FM-23-001251; Argued: April 4, 2025
Watts
Booth
Biran
Gould
Eaves
Killough,
JJ.
PER CURIAM ORDER
Filed: April 8, 2025
v.
ADENIYI ADELAKUN
*
*
*
*
*
*
IN THE
SUPREME COURT
OF MARYLAND
No. 35
September Term, 2024
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
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
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
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
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
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