Understanding Domestic Support Obligations in Bankruptcy: A Professor’s Guide

Alimony, Child Support, and Non-Dischargeability

Domestic Support Obligations (DSOs) are considered priority debts in bankruptcy and include child support and alimony. This post, written from the perspective of a published author and professor of bankruptcy law, delves into why DSOs are non-dischargeable and how they interact with the U.S. Bankruptcy Code and court procedure.

By Alexander Hernandez, J.D., Professor, and Author of Consumer Bankruptcy Law (Routledge).

Updated on October 10, 2025.

Listen: The Professor’s Audio Briefing.

Why Domestic Support Obligations Cannot Be Discharged in Bankruptcy

A common misconception is that filing for bankruptcy can eliminate family-related debts. I’ve addressed this in prior writings: not all debts are dischargeable in bankruptcy. In fact, DSOs are explicitly protected because they represent a legal obligation to support family members.

A Domestic Support Obligation (DSO) is defined by the U.S. Bankruptcy Code as a debt owed for alimony (spousal support) and/or child support, regardless of whether the unpaid amount accrued before or after the bankruptcy petition was filed.

The Full Legal Definition (11 U.S.C. § 101(14A))

The following definition from Section 101: Definitions clarifies the comprehensive scope of a DSO:

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… a spouse, former spouse, or child of the debtor or such child’s parent, legal guardian, or responsible relative; or 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… by reason of applicable provisions of a separation agreement, divorce decree, or property settlement agreement; an order of a court of record; or 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.

Chart published in Consumer Bankruptcy Law, A Practical Guide for Students and Professionals.

How DSOs Interact with Bankruptcy Procedure

DSOs affect three primary areas of a bankruptcy case: Priority Status, the Automatic Stay, and the Schedules.

1. Priority Debt Status

Because DSOs are non-dischargeable, they are categorized as a priority debt under the Bankruptcy Code. This status is particularly important in a Chapter 13 case.

In a Chapter 13 repayment plan, DSOs (alimony and child support obligations) must be paid in full through the plan before non-priority unsecured debts, like credit cards, can receive distributions.

2. The Automatic Stay Exception

Generally, the automatic stay stops most creditor collection actions and litigation the moment a bankruptcy case is filed. However, DSOs are an exception to the stay.

The automatic stay does not affect the collection of DSOs from property that is not property of the bankruptcy estate, and more significantly, it does not affect the commencement or continuation of actions to establish, modify, or collect DSOs from income or property that is not part of the estate.

Professor’s Insight on Court Practice: While the law is clear, from a practical standpoint, family law judges often continue cases even if the hearing is related to alimony or child support, filed before the bankruptcy. This is often done out of an abundance of caution, even though technically the bankruptcy filing should not prevent certain DSO-related proceedings from moving forward.

3. Reporting on Schedules I and J

Accurate reporting of DSOs is crucial, as they directly impact the calculation of the debtor’s disposable income, which can make or break a Chapter 13 or Chapter 7 case.

• Schedule I (Official Bankruptcy Form B106I, Your Income): If you are the recipient of child support or alimony, it must be listed in the section for “Additional Financial Support Received.” This income affects the means test calculation.
• Schedule J (Official Bankruptcy Form B106J, Your Expenses): If the debtor is paying child support or alimony, it is listed as an ongoing expense. This expense is a critical factor in determining the debtor’s disposable income.

This link provides further information on completing the bankruptcy schedules.

It is imperative that DSOs are properly documented on both Schedules I and J. A miscalculation of income or expenses can result in an inaccurate disposable income figure, which could lead to the rejection of the bankruptcy plan or even dismissal of the case.

Issues with a Divorce Case, Mortgage, and Bankruptcy

Conclusion

Domestic Support Obligations are non-dischargeable debts and are designed to protect the financial well-being of a debtor’s family. Understanding their priority status, the exception to the automatic stay, and the need for accurate reporting on Schedules I and J is essential for anyone navigating the bankruptcy process.

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.

You can learn more about filing for bankruptcy and the bankruptcy petition via this link. Information on the bankruptcy court system, contact information for trustees, and your state’s exemptions can be found here. The federal bankruptcy exemptions are listed here. The latest version of the 341 Meeting of the Creditors can be found here.

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Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.

Updated initially on December 31, 2024.