CALIFORNIA FAMILY LAW
...Bankruptcy
......Support Obligations
.........Generally Not Disch. by Bankruptcy
 17 Cards On This Topic:
  • Bankruptcy does not discharge child or spousal support obligations (past or future).
  • Debts owed to former spouse or a former spouse’s attorney are nondischargeable in bankruptcy.
  • Domestic support obligations have highest priority under BAPCPA.
  • Express language of MSA and facts showing relative income and W's need, evidenced parties' intent to create nondischargeable s/s obligation.
  • Bankruptcy court need not look to state law to determine whether payment is in nature of alimony.
  • Bankruptcy court not bound by parties' tax returns or MSA language in finding "property payment" to be support; quasi estoppel inapplicable.
  • $185K award for W's fees in dissolution/custody case, based on disparity of incomes, is "support" under fed. law and not dischargeable by H in bankruptcy.
  • In bankruptcy of support obligor, specific amount of support arrearage owed must be listed to exempt this asset from bankruptcy estate.
  • Child support obligation not discharged by bankruptcy order which discharges "all dischargeable debts."
  • Child support judgment obligee need not file objection in bankruptcy court or petition bankruptcy court to revoke discharge before collecting child support judgment.
  • Spousal support judgment or judgment which can properly be construed as spousal support judgment not affected by discharge in bankruptcy.
  • In deciding whether payments are "actually in the nature of support," bankruptcy court will consider state law and findings of state courts.
  • In deciding whether alimony is "actually in the nature of alimony," bankruptcy court will not look to changed circumstances of parties since order, or to recipient's current need for support.
  • An order truly in the nature of support will be nondischargeable even if not the result of "a separation agreement, divorce decree or property settlement agreement."
  • Fact that order is payable to person other than spouse does not disqualify it as being support.
  • Payments to third parties for benefit of W and child are nondischargeable as support.
  • Whether payment is in nature of support is matter of fact to be proved in each case.


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