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As we have stressed time and time again on our blog, law is in many ways a “procedural phenomenon.” Law is about pursuing justice, of course, but law is also about maintaining firm rules, and ensuring that the same firm rules are applied consistently to everyone. Many procedures need to be followed in law even though they seemingly have no functional purpose; arbitrary though they may be, legal procedures must be carefully observed otherwise an entire case can be turned upside down.
Courts often issue “interlocutory orders” pertaining to child support or alimony in Maryland. Many Marylanders wonder about the appealability of these orders: can a litigant always appeal an interlocutory order on child support or alimony, or are certain interlocutory orders unappealable?
The case of Adelakun v. Adelakun (2024) recently tackled this issue about the appealability of these orders. Let’s go over this case in detail.
Facts of the Case
The couple in this case had children. The mother filed the divorce petition, and in her initial petition she made several requests. The mother requested both pendente lite alimony and pendente lite child support. In this context, “pendente lite” means while the litigation is still unresolved or currently “pending,”; pendente lite support or alimony is therefore granted on a temporary basis, and then either altered or removed when the litigation is finished.
The mother argued that she was unemployed and had very limited income. She testified that she did have stable income from a daycare center business, but it was relatively low. Based on the totality of relevant information presented, there was uncertainty regarding the mother’s financial condition; there was conflicting evidence, for example, relating to the mother’s current income, as her income was considerably higher according to certain sources. As a consequence, the judge reviewing the pendente lite requests rejected those requests on the basis of this state of conflicting evidence. The mother then appealed this determination.
Outcome & Discussion
The mother raised arguments specifically relating to why her pendente lite requests should have been granted. However, the court first needed to address whether the interlocutory orders cited by the mother were in fact eligible for appeal. The appellate division stated that interlocutory orders which are construed as “final judgments” are generally appealable, and interlocutory orders which have been construed as such are those which direct someone to make a payment. In this situation, the mother is attempting to appeal the denial of pendente lite requests, and so there is no payment obligation within this interlocutory order. The legal question then becomes: is this particular interlocutory order a “final judgment,” and therefore appealable, given that the order is not an instruction to make a payment, but a denial of relief?
The appellate division responded with a “no,” this interlocutory order is not a final judgment, and is therefore not appealable. We can extrapolate that other interlocutory orders which deny relief in a similar manner will also be ruled unappealable. However, when orders do give someone instructions to pay, those orders will still generally be appealable as “final judgments” under current Maryland procedure.
Contact the Murphy Law Firm for More Information
Readers who want to know more about interlocutory orders, child support in Maryland, alimony payments, or another family law topic, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.
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