Domestic support obligations constitute a very important type of debt in bankruptcy law. It is important to know what constitutes such an obligation in determining the effect filing bankruptcy will have on you.
It does not matter when a domestic support obligation became due according to the bankruptcy code. The obligation could have arose before, on, or after the filing of a bankruptcy petition. Interest will be considered part of the obligation as well.
A domestic support debt must be an obligation owed to a current spouse, former spouse, or child of the debtor, or to the child’s parent, legal guardian, or responsible relative. A governmental unit may also be owed a domestic support obligation.
A domestic support obligation must be debt owed on the basis of alimony, maintenance or support of a spouse, former spouse, or child of the debtor or the child’s parent. The name applied to the debt does not matter.
The obligation must have been established or subject to establishment before, on, or after filing bankruptcy, by reason of a separation agreement, divorce decree, or property settlement agreement, or by an order of a court of record.
A domestic support obligation cannot be assigned to a nongovernmental entity unless the obligation is assigned voluntarily for the sole purpose of collecting the debt.
No automatic stay attaches to domestic support obligations when you file a bankruptcy. Collection efforts, including garnishments, can continue to the extent that they seek to collect a domestic support obligation.
Domestic support obligations cannot be discharged in Chapter 7 or Chapter 13 bankruptcy proceedings. In addition, a Chapter 13 plan must provide for full payment of the domestic support obligation.
It is important to understand that bankruptcy will not stop your obligation to pay any domestic support debts. If have fallen far behind on your domestic support obligations, filing Chapter 13 might not be a viable alternative since the arrears must be paid in full under the plan.
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