Can You Ask for Temporary Child Support or Alimony in Your Maryland Divorce Case?

While some Maryland divorce cases are resolved amicably and relatively quickly, many others are contested and take some time to complete. While a divorce case is pending in the courts, one spouse may be at a substantial financial disadvantage if the other spouse is the primary wage-earner for the family. This raises the question: Can you ask for your alimony or child support before your divorce is final?

Yes. Maryland law permits a party in a divorce proceeding to request what is called pendente lite spousal support (alimony) or child support. The term pendente lite is Latin for “pending the litigation.” It is an award of temporary alimony or child support made before a judge issues a final order of divorce. The purpose of such an award is not to “punish” the other spouse for wrongdoing. Rather, it is to maintain the financial status quo between the parties until the litigation is resolved. Indeed, the court is not obligated to make any final, permanent award of alimony or child support even if it previously granted a request for pendente lite support.

Court of Appeals: Denial of Temporary Support Not Appealable

It is important to understand that a court is also not required to grant a request for pendente lite alimony or child support. And according to a recent decision from the Maryland Court of Appeals, there is also no right to appeal a trial court’s ruling denying such temporary support. The Court explained that the laws governing divorce cases in Maryland do not allow for such appeals.

The case before the Court of Appeals, Adelakun v. Adelakun, involved a contested divorce from Howard County. The wife filed for divorce, seeking custody of the couple’s three minor children as well as permanent alimony and child support. She also asked for pendente lite alimony and child support while the case was pending.

Following a hearing, however, a family magistrate recommended the Circuit Court deny the mother’s request for pendente lite support. The magistrate found the mother’s testimony regarding her financial situation “lacked credibility” and was not “supported by other credible evidence.” In other words, she failed to convince the magistrate she had a genuine financial need for temporary support. He noted the mother was an attorney and “capable of earning sufficient income” to cover her expenses during the course of the divorce litigation.

The Circuit Court upheld the magistrate’s recommendation. The mother then filed an appeal of that decision. But as the Court of Appeals explained, Maryland law only permits an appeal of a decision to award pendente lite support, not one to deny it. The Court further clarified that if a judge awards less temporary support than a party requested, that order also could not be appealed. Keep in mind, however, that once a divorce is final, any permanent orders regarding spousal or child support may be appealed.

Contact a La Plata, Maryland Divorce Lawyer Today

Child support and spousal support are just two of the issues that may confront you when trying to resolve your Maryland divorce case. Our La Plata, Maryland divorce lawyer can advise you on these subjects. Contact Fanning Law, LLC today to schedule a consultation. We serve clients in LaPlata, Waldorf, and Lexington Park.

Source:

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