What Qualifies as a DSO
Under 11 U.S.C. 101(14A), a domestic support obligation (DSO) includes: child support, alimony (spousal maintenance), debts owed to a governmental unit for support (state child support enforcement), and attorney fees related to establishing or modifying support. DSOs are absolutely non-dischargeable in both Chapter 7 and Chapter 13.
The key distinction is between DSOs and property settlement obligations. DSOs survive all bankruptcy; property settlement obligations are non-dischargeable in Chapter 7 but may be dischargeable in Chapter 13. Whether a specific divorce obligation is a DSO or property settlement depends on its nature, not its label in the decree.
DSOs in Chapter 7
Chapter 7 does not discharge DSOs under any circumstances (11 U.S.C. 523(a)(5)). If you owe back child support or alimony, it survives your Chapter 7 discharge in full. Additionally, Chapter 7 does not discharge property settlement obligations either (11 U.S.C. 523(a)(15)), meaning virtually all divorce-related debts survive Chapter 7.
However, Chapter 7 can help indirectly: by eliminating other debts (credit cards, medical bills, etc.), it frees up income to pay DSOs. Many people file Chapter 7 specifically to clear non-divorce debt so they can afford their support obligations.
DSOs in Chapter 13
Chapter 13 has complex rules for DSOs. All current DSO payments must be maintained during the plan -- you must pay your ongoing child support and alimony on time as a condition of remaining in Chapter 13. DSO arrearages must be paid in full through the plan. DSOs are first-priority claims, meaning they're paid before unsecured creditors.
Property settlement obligations (non-DSO divorce debts) may be dischargeable in Chapter 13 if the plan is completed. This is one significant advantage of Chapter 13 over Chapter 7 for divorced debtors. Example: an equalization payment ordered in the divorce decree may be eliminated through Chapter 13, while child support cannot.
Enforcement During Bankruptcy
The automatic stay does NOT prevent: establishment or modification of DSOs, collection of DSOs from property that is not part of the bankruptcy estate, withholding of income for DSOs, or license suspension proceedings related to DSO nonpayment. Family courts retain full authority over support matters regardless of the bankruptcy filing.
If you're owed support and the other party files bankruptcy, your rights are protected. You can continue to enforce support orders, file contempt motions, and use wage withholding. The automatic stay does not protect debtors from DSO enforcement.
Frequently Asked Questions
Can I file bankruptcy to stop paying child support?
No. Child support is absolutely non-dischargeable in all chapters of bankruptcy. You must continue paying current support during bankruptcy, and any arrearages must be paid in full in Chapter 13. Filing bankruptcy to avoid support obligations will not work.
Is my ex's equalization payment dischargeable?
Property equalization payments (money owed to equalize the division of assets) are non-dischargeable in Chapter 7 but may be dischargeable in Chapter 13. If your ex files Chapter 13 and completes the plan, the equalization obligation may be discharged. This is a significant risk for the receiving spouse.
Can support amounts be modified because of bankruptcy?
The bankruptcy itself doesn't automatically modify support, but the financial situation that led to bankruptcy may be grounds for a modification in family court. You would file a motion to modify in the court that issued the support order, showing changed circumstances.
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