Browse terms
Debts and discharge
Domestic support obligation
A debt in the nature of alimony, maintenance or support that is owed to or recoverable by a spouse, former spouse or child of the debtor, the child's parent, legal guardian or responsible relative, or a governmental unit. 1
Talk to a lawyerHow it works
What counts is the nature of the debt, not its label: it qualifies whether or not it is expressly called support. It can be set by a separation agreement, divorce decree, property settlement agreement, court order or a government agency's determination, and it includes amounts that build up before or after the bankruptcy filing. 1
Bankruptcy gives these debts special treatment. A discharge does not wipe them out, and they rank first among priority claims. 2
The automatic stay does not stop cases to set or change support orders, or the collection of support from property that is not part of the bankruptcy estate. 3
In Chapter 13, the plan generally must pay priority claims in full, and the court confirms a plan only if support that came due after filing is current. Missed support can lead to dismissal or conversion, and a debtor who owes support must certify that it has been paid to get a discharge. 4 5
The trustee asks about it at the 341 meeting. In a Chapter 7 or Chapter 13 case with a support claim, the trustee must also send written notice to the person owed the support and to the state child support enforcement agency, once when the case is filed and again at the discharge. 6 7
Common questions
Does bankruptcy stop a wage garnishment for child support?
No. The automatic stay generally stops wage garnishments, but garnishment for domestic support obligations such as child support is an exception. 8
What about debts from a divorce that are not support?
Debts to a spouse, former spouse or child from a divorce or separation that are not support, such as property settlement debts, are also not discharged in Chapter 7. Debts arising from property settlements can be discharged in Chapter 13. 2
Sources
- 11 U.S. Code § 101(14A) (Cornell LII)
- 11 U.S. Code § 523(a)(5) (Cornell LII)
- 11 U.S. Code § 362(b)(1), (b)(2) (Cornell LII)
- Chapter 13 - Bankruptcy Basics (uscourts.gov)
- 11 U.S. Code § 1325(a)(8) (Cornell LII)
- Section 341(a) Meeting of Creditors: Required Statements/Questions (U.S. Trustee Program, justice.gov)
- U.S. Trustee Program: State Domestic Support Enforcement Agencies (justice.gov)
- Glossary of Legal Terms (uscourts.gov)
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