In a Chapter 7 bankruptcy, domestic support obligations, under 11 U.S.C. 523(a)(5), and non-domestic support obligations, under 11 U.S.C. 523(a)(15) are not dischargeable. This means that they do not go away when a person files for bankruptcy. A domestic support obligation means child support, alimony, or maintenance that is owed. Non-domestic support obligations are debts that arose from family law proceedings, such as attorney fees, the division of property, or other debts owed to the former spouse.
In a Chapter 13 bankruptcy, only domestic support obligations, under 11 U.S.C. 523(a)(5), are not dischargeable. This means that a Chapter 13 debtor could erase debts that are non-domestic support obligations.
Domestic support obligations could be child support, maintenance, alimony, guardian ad litem fees, psychologist expenses, attorney fees related to a custody case, or any other items the parties meant to be in the nature of support for a child or the former spouse.
If you or your former spouse have filed for bankruptcy and you are worried about whether the bankruptcy will make things worse for you, feel free to speak with us by setting up a free consultation through our website at www.hoorfarlaw.com or call us at 816-524-4949.