Bankruptcy

Understanding Domestic Support Obligations in Bankruptcy | Alimony, Child Support

Domestic support obligations are considered priority debts in bankruptcy and include child support and alimony. In this blog post, I’ll discuss domestic support obligations (DSOs), which are non-dischargeable in bankruptcy.

Updated on December 31, 2024.

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Domestic Support Obligations and Bankruptcy

14A)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.

Flowchart titled ‘Diagram 7.3’ illustrating the classification of Domestic Support Obligations (DSO) in bankruptcy. The top box labeled ‘Domestic Support Obligations (DSO)’ has a single arrow pointing down to a central box labeled ‘Alimony/Child Support.’ From this central box, there are two arrows branching out; one points to a left box labeled ‘Non-dischargeable,’ and the other points to a right box labeled ‘Priority Claim.’ Below these, two more arrows point further down to boxes labeled ‘Automatic Stay- N/A’ on the left and ‘Schedule I, J & Means Test’ on the right.

Based on the chart above, a few things should stand out. First and foremost, as already mentioned, domestic support obligations such as alimony and child support cannot be discharged in bankruptcy.

The next section of the chart from my bankruptcy law textbook lists domestic support obligations as a priority debt. That means in a Chapter 13 bankruptcy, alimony and child support obligations included in the bankruptcy plan are paid first before unsecured debt such as credit cards.

The third category relates to the automatic stay. The automatic stay stops most cases from moving forward. However, the automatic state does not affect domestic support obligations.

From a practical standpoint, family law judges still tend to continue cases when the bankruptcy is filed before a hearing, even if the hearing is related to alimony or child support. Please don’t ask me why because the judges, in reality, should know better. If I had to guess, it’s done out of an abundance of caution.

A domestic support obligation would affect both schedules. If you are receiving child support or alimony, there is a section in Schedule I where additional financial support received is listed.

For Schedule J, assuming child support or alimony isn’t withdrawn from your pay stub and therefore listed on Schedule I, those expenses could be listed on Schedule J. It’s important that income and expenses are properly listed in Schedules I and J, otherwise, the disposable income will be calculated wrong and could affect the bankruptcy case.

I hope this blog post on domestic support obligations helps clear up any confusion regarding alimony, child support, and the automatic stay.

Have any questions on Domestic Support Obligations? Send me your question via email at alex@bankruptcy.blog so I can post your question in the Reader’s Question forum.

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


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