11 U.S.C. § 101(14A): The Domestic Support Obligation (DSO) Defined
By Alexander Hernandez, J.D., Professor, and Author of Consumer Bankruptcy Law (Routledge).
Key Points: Domestic Support Obligations (DSO)
- Non-Dischargeable: DSOs (alimony/child support) cannot be eliminated in any chapter of bankruptcy (Chapter 7, 11, or 13).
- Priority Debt: DSOs are a first-priority unsecured claim, meaning they must be paid in full in a Chapter 13 plan.
- Automatic Stay Exception: Filing bankruptcy does not stop actions to establish, modify, or collect DSOs from property that is not part of the estate.
- Broad Definition: A debt is a DSO if it is “in the nature of support,” regardless of whether a divorce decree specifically labels it as such.
- Fees Included: Attorney’s fees awarded for work directly related to a support issue are also considered non-dischargeable DSOs.
A Critical Look at the Bankruptcy Code’s Definition of Domestic Support Obligations (Alimony and Child Support).
The term Domestic Support Obligation (DSO) is one of the most important concepts in consumer bankruptcy law. Since the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), DSOs have been afforded the highest level of protection, making them a first-priority claim and non-dischargeable in nearly every form of bankruptcy.
To properly understand why alimony and child support are protected from bankruptcy, we must look to the U.S. Bankruptcy Code’s official definition. The statutory language covers various forms of family support while excluding general property division debts. That’s why property settlement agreements must be worded correctly to determine if marital debts can be eliminated in bankruptcy.
The Text of 11 U.S.C. § 101(14A)
The definition of “domestic support obligation” is found in Section 101: Definitions of the Bankruptcy Code, specifically in subsection (14A). The full text, as currently codified, is provided below for your reference.
11 U.S.C. § 101(14A) — Domestic support obligation
The term “domestic support obligation” means a debt that accrues before, on, or after the date of the order for relief in a case under this title, including interest that accrues on that debt as provided under applicable nonbankruptcy law notwithstanding any other provision of this title, that is—
(A) owed to or recoverable by—
(i) a spouse, former spouse, or child of the debtor or such child’s parent, legal guardian, or responsible relative; or
(ii) a governmental unit;
(B) in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor or such child’s parent, without regard to whether such debt is expressly so designated;
(C) established or subject to establishment before, on, or after the date of the order for relief in a case under this title, by reason of applicable provisions of—
(i) a separation agreement, divorce decree, or property settlement agreement;
(ii) an order of a court of record; or
(iii) a determination made in accordance with applicable non-bankruptcy law by a governmental unit; and
(D) not assigned to a nongovernmental entity, unless that obligation is assigned voluntarily by the spouse, former spouse, child of the debtor, or such child’s parent, legal guardian, or responsible relative for the purpose of collecting the debt.
Professor’s Commentary: Understanding the Definition of DSOs
As noted in my textbook, Consumer Bankruptcy Law, this section outlines four main requirements for a debt to qualify as a DSO, which is essential because a debt that fails any one of these requirements is not a DSO and may be dischargeable.
This is a critical point of leverage and a frequent source of misunderstanding. Drawing upon my experience, I know that one spouse sometimes threatens to file for bankruptcy, asserting that this will allow them to avoid their alimony or child support obligations. As the official text of 11 U.S.C. § 101(14A) confirms, this assertion is simply not true. I have published a video short discussing the legal fallacy of this threat, which you can view here.
Timing and Interest in DSOs
The introductory clause clearly states that the debt and any applicable interest are included regardless of when they accrue, whether before, during, or after the bankruptcy filing. This eliminates any argument that post-petition interest or future support payments are somehow excluded from the DSO definition.
The Payee Requirement (Subparagraph A)
Subsection (a) is the most straightforward requirement. The debt must be owed to, or recoverable by, a close relative of the debtor (spouse, former spouse, child, or the child’s guardian/parent) or a governmental unit (such as a state child support enforcement agency).
The Nature of the Debt (Subparagraph B)
Subsection (b) may often be the cause of litigation. The debt must be “in the nature of alimony, maintenance, or support.” Crucially, the Bankruptcy Code adds, “without regard to whether such debt is expressly so designated.”
This means that a divorce decree calling a payment a “property settlement” won’t automatically make it dischargeable if a court determines the payment’s true function was actually to provide support. Conversely, calling a debt “alimony” doesn’t make it a DSO if its nature was really property division. Bankruptcy courts will look at the parties’ intent and the payment’s effect to determine its true nature.
In addition, it is critical to note that attorneys’ fees awarded by a court that are in the nature of support are also considered part of the DSO and are therefore non-dischargeable. The fee award must satisfy the requirements of 11 U.S.C. § 101(14A)(B), meaning a court must find the fee award was intended as support, not merely a division of property or an award related to non-support issues.
To learn more about the issues of attorney’s fees and bankruptcy, including how to pay for a bankruptcy lawyer, see this prior blog post. This blog post further helps in understanding how retainer agreements are structured.
Example: If a divorce court awards Spouse A $5,000 in attorney’s fees, and it is determined that $2,000 of those fees were directly related to litigation concerning child support (a DSO issue), the remaining $3,000 is dischargeable in bankruptcy, but not the $2,000 portion.
The Origin of the Debt (Subparagraph C)
The debt must be established by an official legal document (separation agreement), court order, or ruling. This ties the DSO definition to the family law court.
The Assignment Rule (Subparagraph D)
Generally, an assignment of the debt to a third party (a non-governmental entity) could negate its DSO status. However, a key exception is carved out: if the assignment is made voluntarily by the original payee (the spouse, child, etc.) for the purpose of collecting the debt, it may retain its DSO status. This ensures that support claims that are transferred to a collections agency by the payee remain protected.
Under 11 U.S.C. § 101(14A), you see the power of DSOs and how it’s not simply wiped out in bankruptcy. The recipients of alimony/spousal support and child support are protected.
Professor Hernandez is an attorney specializing in consumer finance and debt relief. He is the published author of Consumer Bankruptcy Law (Routledge Publishing) and teaches law and finance courses in both English and Spanish for an international university.
Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. Paralegals and students who are buying single copies can do so via Amazon Books. To access my YouTube channel, click this link. You can also listen to my podcast on Spotify.
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