Understanding Domestic Support Obligations (DSO) in Bankruptcy: A Law Professor’s Guide

Domestic Support Obligations (DSO) are non-dischargeable debts. Under the U.S. Bankruptcy Code, a DSO is defined primarily as child support and alimony or spousal support, and its treatment differs drastically depending on whether a debtor files Chapter 7 or Chapter 13.

Understanding how the law prioritizes these obligations is essential for debtors and creditors alike.

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

Updated on December 6, 2025.

Listen: The Professor’s Audio Briefing.

DSO: The Non-Dischargeable Debt

Let’s start with an undisputable truth: Domestic Support Obligations cannot be discharged in bankruptcy under any chapter.

For you mothers and spouses dealing with a soon-to-be ex-partner who says, “I’m going to file for bankruptcy and wipe out child support,” the answer is an absolute No. He is wrong. You can trust me, I’m an expert who has practiced family law for over two decades.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) solidified this protection. This is codified in the Bankruptcy Code in 11 U.S.C. § 523(a)(5).

Key Fact	Bankruptcy Code Section	Implication
Non-Dischargeable	§ 523(a)(5)	The debt survives bankruptcy entirely.
Related Attorney’s Fees	§ 523(a)(5)	Attorney’s fees related to establishing or collecting a DSO are also non-dischargeable.

This means that even one hour of an attorney’s fees spent arguing about child support in family court is not discharged in bankruptcy.

The Automatic Stay Doesn’t Apply to DSOs

This is the point that often confuses family court judges: the automatic stay which is a powerful injunction that stops most creditor actions upon filing bankruptcy. However, it does not fully apply to actions involving Domestic Support Obligations.

Regrettably, many family court judges improperly continue cases, operating under the mistaken belief that the automatic stay prohibits action on child support or alimony, a clear oversight of the express exceptions found in the Bankruptcy Code. 11 U.S.C. §362(b)(2) explicitly provides exceptions to the automatic stay, permitting actions to:

• Establish or modify an order for alimony, maintenance, or support.
• Collect a DSO from property that is not property of the bankruptcy estate.
• Enforce income withholding orders (wage garnishments).
• Revoke a driver’s or professional license for non-payment.

The Takeaway: The former spouse can generally continue to pursue the establishment or collection of their support payments without needing to ask the Bankruptcy Court for permission.

The DSO is a “Super” Priority Claim in Chapter 13

Besides not being wiped out in bankruptcy, DSOs are categorized as a First Priority Claim under 11 U.S.C. § 507(a)(1). This gives the DSO claimant a powerful advantage.

Chapter 13 Impact

In a Chapter 13 reorganization bankruptcy, the debtor is required to repay certain debts in full over the course of a 3-to-5-year repayment plan.

1. Top of the List (Priority): Domestic support obligations (including any arrears) are at the top of the list of debts to be repaid through the Chapter 13 plan. Before American Express, Bank of America, or other unsecured creditors get a dime, you will get paid first!
2. No Discharge without Payment: A debtor will not receive a final discharge of their debts unless they certify that all post-petition DSO payments have been made and all pre-petition DSO arrears included in the plan have been paid in full.

The Bankruptcy Schedules Mistake

When filing bankruptcy, accuracy on the Schedules is critical. A common, costly error is misstating income or expenses related to DSOs, which can push a filer out of Chapter 7 and into Chapter 13.

Schedule I: Your Income (Official Form 106I)

Income Listing: This form requires listing all income sources. If you are the recipient of child support or alimony, that money is considered part of your household income.

The Income Trap: If a debtor has low disposable income on paper, they may qualify for Chapter 7. But if that debtor receives $1,000 monthly in child support, that figure dramatically increases their disposable income. That added money could trigger the Means Test, forcing the case from Chapter 7 (liquidation) to Chapter 13 (reorganization).

Note that the Means Test is updated twice annually. Here are the latest figures on your state’s income limits. To learn more about completing Schedule I of the bankruptcy petition, here’s a how-to guide.

Schedule J: Your Expenses (Official Form 106J)

• Expense Listing: If you are the obligor (the one paying), your child support and alimony obligations must be listed as expenses in Schedule J.
• The Double Mistake: Do not double up. If the DSO is already being deducted directly from your paycheck (which should be reflected in Schedule I), you cannot list it again as an outgoing expense in Schedule J. This inflates your expenses, potentially committing fraud and certainly aggravating the Bankruptcy Trustee.

Avoiding these common mistakes is essential for a successful filing. The Trustee will seek to deny a bankruptcy case built on inaccurate or misleading figures.

Below is a graph from my bankruptcy law textbook that helps summarize this article.

Source: Consumer Bankruptcy Law: A Practical Guide for Students and Professionals.

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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