11 U.S.C. § 523

Section 523(a)(5) excepts accumulated child support arrearages from discharge; a bankruptcy court does not reassess the state court’s support award for reasonableness.

Henry v. Henry (In Re Henry) · filed 1999-10-04(a)(5)

The Defendant, Paul E. Henry’s counterclaim is dismissed with the Court specifically concluding that the child support award, including the accumulated ar-rearage of $4,540.00 is in the nature of support within the meaning of section 523(a)(5) and is not dischargeable under the Bankruptcy Code.

Section 523(a)(5) makes court-ordered fees for a child’s attorney nondischargeable when the attorney’s services in a custody and visitation dispute are in the nature of support.

Shevick v. Brodsky (In Re Brodsky) · filed 1999-10-05(a)(5)

Thus, the Court concludes that fees awarded to Shevick are non-dischargeable as in the nature of support under § 523(a)(5).

Section 523(a)(5) excepts child support obligations and the post-petition interest on them from discharge.

In Re Messinger · filed 1999-10-22(a)(5)

Because support obligations are non-dischargeable under §§ 523(a)(5) and 1328(a)(2), the interest accruing post-petition on those debts is also a “non-dis-chargeable” obligation for which the Debt- or will remain liable upon completion of his plan.

Section 523(a)(5) makes a debt indemnity obligation to a former spouse nondischargeable when it is actually in the nature of alimony, maintenance, or support.

Coburn v. Coburn, No. Fa93-0113163s (Nov. 10, 1999) · filed 1999-11-10(a)(5)

In consideration of all of these factors, the court holds that the debt provision is in the nature of alimony because the debt indemnification was needed to allow the plaintiff to maintain and support herself and the debt, therefore, is not dischargeable under federal bankruptcy laws.

Section 523(a)(5) excepts a divorce obligation from discharge when it actually serves as support, even if the obligation requires payments on credit card debt.

Scholl v. McLain (In Re McLain) · filed 1999-11-30(a)(5)

The debtor’s obligation under the Iowa state divorce decree to make payments to Scholl according to the terms of paragraph 10 of the parties’ stipulation and the state court’s order is in the nature of support for purposes of § 523(a)(5) and is therefore excepted from the debtor’s discharge.

Section 523(a)(5) excepts a divorce obligation from discharge when it was intended to support a former spouse, even if the decree calls it a property settlement.

Cuseo v. Cuseo (In Re Cuseo) · filed 1999-12-09(a)(5)

In view of the above, this Court finds that despite the Memorandum of Decision’s use of the phrase “property settlement”, the Disability Pension Award of one-half of the Debtor’s Disability Pension was for the “maintenance and support” of the Defendant within the meaning of Section 523(a)(5).

Section 523(a)(5) excepts support obligations from discharge, but a debtor’s bank debt is not a support obligation when the former spouse has no legal liability for it.

Emison v. Emison · filed 1999-12-27(a)(5)

The proof establishes that Wife is not legally obligated for this debt and therefore the trial court erred in designating the debt as non- dischargeable.

Section 523(a)(5) makes a debt in the nature of child support nondischargeable even when the obligation is payable to someone other than the child.

Williams v. Kemp (In Re Kemp) · filed 1999-12-16(a)(5)

The issue directly before the court in Kline, as well as this court, is whether section 523(a)(5) may apply if the person to whom the court order imposing the obligation is not “a spouse, former spouse, or child of the debtor.” Since Kline specifically holds that the debt, although not payable directly to a spouse, former spouse, or child of the debtor, was in the nature of support and thus nondis-chargeable, the debt owed by the debtor to Williams in this case is similarly nondis-chargeable.

Section 523(a)(5) excepts custody litigation attorney fees from discharge when the award is in the nature of support, even if the debtor has primary care of the children.

Hoogewind v. Hendricks (In Re Hendricks) · filed 2000-01-10(a)(5)

Accordingly, based on the reasoning in Strickland, the Court concludes that the attorney’s fees and costs owed by the Debtor to the Plaintiff are support and are excepted from discharge pursuant to § 523(a)(5).

Section 523(a)(5) excepts an obligation to contribute to a child's college expenses from discharge when the obligation is in the nature of support.

Buland v. Buland · filed 2000-01-12(a)(5)

Although this is an obligation in the nature of support, and therefore not dischargeable in bankruptcy, the Court does not find that he has the financial ability to make a contribution to the college education of his daughters at this time.

Section 523(a)(5) does not except a debt for repayment of overpaid child support from discharge when the repayment is not in the nature of alimony, maintenance, or support.

Lankford v. Drinkard (In Re Drinkard) · filed 2000-02-14(a)(5)

The court finds that the judgment in question is not in the nature of alimony, maintenance, or support as it is required to be in order to be nondischargeable under § 523(a)(5). It is a money judgment awarded Mr. Lankford for overpayment of child support. The court holds that the judgment is dischargeable.

Section 523(a)(5) excepts interest on nondischargeable support obligations from discharge.

Merrill v. Merrill (In Re Merrill) · filed 2000-03-27(a)(5)

The Court finds that to the extent that the Support Obligations accrue interest, such interest is non-dischargeable.

Section 523(a)(5) excepts a child support debt from discharge when it arises from an order of a court of record or a determination under state law by a governmental unit.

Croteau v. Croteau (In Re Croteau) · filed 2000-03-15(a)(5)

Thus, a child support debt is not dischargeable if, among other things, it arises from an order of a “court of record” or from a determination made in accordance with state law by a “governmental unit.”

Section 523(a)(5) makes guardian ad litem fees awarded in a child custody proceeding nondischargeable as support.

Hamilton v. Ross (In Re Ross) · filed 2000-03-24(a)(5)

A child custody proceeding is always in the nature of child support and an award of attorney’s fees against the Debt- or becomes a nondischargeable debt pursuant to Section 523(a)(5).

Section 523(a)(5) covers a divorce award intended as alimony, maintenance, or support regardless of how the state court designated it.

Brugger v. Brugger (In Re Brugger) · filed 2000-05-15(a)(5)

The Bankruptcy Court, under federal law, determines if any part of the property distribution was intended as alimony, maintenance, or support under 11 U.S.C. § 523(a)(5), regardless of how the state court designated the award. ... The application of the three Gianakas indicators shows that Judge Miller’s $295,700 transfer of Debtor’s assets to Creditor Spouse was intended as alimony, maintenance, or support.

Section 523(a)(5) excepts a divorce-related debt from discharge when it is actually in the nature of maintenance or support; the claimant must prove that character.

Kimball v. Kimball (In Re Kimball) · filed 2000-06-19(a)(5)

After a review of the record, the Court concludes that, as a matter of law, Plaintiffs money judgment against Defendant for $13,000 in attorneys fees is actually in the nature of maintenance or support and is excepted from discharge pursuant to Section 523(a)(5). However, as a matter of law, Plaintiff cannot show that the debts Defendant was directed to pay for medical expenses and collection agency bills are actually in the nature of maintenance or support.

Section 523(a)(18) bars discharge of a county’s child support reimbursement debt for aid paid before a support order when the debt is in the nature of support and enforceable under Title IV-D.

In Re: Paul Alan Leibowitz, Debtor. Paul Alan Leibowitz v. County of Orange Tony Rackauckas, 1 District Attorney of Coun · filed 2000-07-06(a)(18)

Leibowitz owes $5,580 to the County for AFDC payments made to his former spouse and children. Under Title IV-D, this is exactly the kind of debt participating states are required to collect and enforce — whether or not the debt has been assigned pursuant to section 602(a)(26). Therefore, we conclude that his debt to the County is enforceable under Title IV-D and is thus non-dischargeable in bankruptcy.

Section 523(a)(5) makes a divorce obligation to provide a former spouse health insurance nondischargeable when it is actually in the nature of support.

Burns v. Burns · filed 2000-09-19(a)(5)

The court is of the opinion that the above-quoted provision in the divorce decree concerning health insurance for Mrs. Bums clearly is “actually in the nature of alimony, maintenance, or support” and is not dischargeable in bankruptcy under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) does not treat a debtor’s voluntary payments for an adult child’s college expenses as a nondischargeable support obligation.

United States Trustee v. Staub (In Re Staub) · filed 2000-10-11(a)(5)

Debtor also stated that he felt morally obligated to support his son. This “obligation” is in no way a support obligation rendered non-dis-chargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) makes divorce obligations nondischargeable when they are in the nature of support, including obligations to transfer property or assume debt.

Bailey v. Bailey (In Re Bailey) · filed 2000-11-20(a)(5)

Accordingly, the bankruptcy court correctly found that the awards in favor of Kimberly Bailey in the divorce proceedings are in the nature of support and thus nondischargeable pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) bars discharge of an obligation that is actually alimony, maintenance, or support.

Kortus v. Weihs · filed 2001-01-10(a)(5)

Section 523(a)(5) prohibits the discharge of a debtor’s obligation to make alimony, maintenance, or support payments to his or her former spouse.

Section 523(a)(5) excludes a separation-agreement obligation from discharge when it is actually in the nature of spousal support.

Ippolito v. Blyn · filed 2001-01-16(a)(5)

Mr. Ippolito's obligation to Ms. Blyn under paragraph seven of the separation and property settlement agreement is specifically labeled "SPOUSAL SUPPORT" and is "actually in the nature of alimony, maintenance, or support." ... Therefore, it was not a debt dischargeable in bankruptcy, and the trial court did not err in proceeding against Mr. Ippolito.

Section 523(a)(5) excepts divorce obligations from discharge when their substance is alimony, maintenance, or support, including related counsel fees.

Mendez v. Mendez (In Re Mendez) · filed 2001-04-05(a)(5)

Applying the above analytical framework to the facts of this case, we conclude that all of the obligations arising out of the state court’s order of November 5, 1998, fall within the scope of § 523(a)(5) and therefore are excepted from discharge.

Section 523(a)(5) excepts divorce-related debts from discharge when they are actually in the nature of alimony, maintenance, or support.

Kessel v. Kessel (In Re Kessel) · filed 2001-04-20(a)(5)

Because the Plaintiff has established by a preponderance of the evidence that the true nature and purpose of the payments to be made by the Defendant to the Plaintiff under their agreed divorce decree were in the nature of alimony and support, and in light of the generally undisputed amount of the claim, the Court concludes that the debt due and owing by the Defendant, Daniel W. Kessel, to the Plaintiff, Suzette C. Kessel, in the amount of $61,450.91, plus post-judgment interest at the current federal post-judgment interest rate of 4.07% until paid, is hereby declared to be non-dischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a divorce debt from discharge as support when the divorce court intended to create a support obligation.

Davis v. Davis (In re Davis) · filed 2001-04-04(a)(5)

When a debt arising out of a divorce decree or separation agreement is not expressly designated as alimony, maintenance or support, courts within the Sixth Circuit must apply a four-part test set forth in Long v. Calhoun (In re Calhoun), 715 F.2d 1103 (6th Cir.1983) to determine whether the debt constitutes alimony, maintenance or support under § 523(a)(5). ... Applying the foregoing standard to the evidence presented at trial, the Court concludes that the domestic relations court did not intend to create an alimony, maintenance or support obligation when it ordered Mr. Davis to assume certain of the parties’ marital debts and hold Ms. Davis harmless on them.

Section 523(a)(18) applies to qualifying state support debts established by a state court order as well as an administrative order.

Pitts v. Missouri (In Re Pitts) · filed 2001-04-30(a)(18)

Section 523(a)(18) applies with equal force to orders entered by a state court, as well as orders entered by a state administrative agency.

Section 523(a)(5) excepts a divorce obligation from discharge when it was intended to provide support, regardless of the label used in the divorce decree.

Chudy v. Cooper (In Re Cooper) · filed 2001-06-08(a)(5)

The text of § 523(a)(5) as well as Second Circuit precedent direct bankruptcy courts to scrutinize with care the language of a state court divorce decree to determine what was intended.

Section 523(a)(5)(B) permits discharge of an obligation labeled spousal support when it is not actually in the nature of support.

Moberly v. Johnston (In Re Moberly) · filed 2001-06-14(a)(5)(B)

The obligation is not actually in the nature of support, and is therefore discharge-able pursuant to § 523(a)(5)(B).

Section 523(a)(5) makes support obligations nondischargeable; a debtor who agreed to treat payments as alimony and deducted them as such can be estopped from claiming they were dischargeable property payments.

Chance v. White (In Re White) · filed 2001-08-07(a)(5)

Unhappy that he would not be able to deduct his monthly payments to Chance from his total income if the payment was still a division of the marital estate instead of alimony or support, White requested and received an agreement from Chance to recharacterize future payments as being in the nature of support or alimony. ... Thus, the Court concludes that the Debt is nondischargeable in accordance with 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts spousal support obligations from discharge, and § 523(a)(4) excepts debts for fraud or defalcation while acting in a fiduciary capacity.

Merrill v. Merrill · filed 2001-08-13

The bankruptcy court held that the payments ordered by the divorce court, including the insurance payments, were not subject to discharge in bankruptcy because they constituted spousal support alimony, which is not dischargeable, pursuant to 11 U.S.C. § 523(a)(5). ... The bankruptcy court further held that the trust funds were also not subject to discharge, applying § 523(a)(4), which denies a discharge “for fraud or defalcation while acting in a fiduciary capacity.” ... Applying the standards set out above, we hold that the bankruptcy court correctly denied the discharges in bankruptcy and we therefore affirm the bankruptcy court’s judgment for substantially the same reasons as those stated in the BAP’s September 1, 2000 opinion.

Section 523(a)(5) makes a divorce-related attorney-fee debt nondischargeable when the obligation is in the nature of support.

Goans v. Goans (In Re Goans) · filed 2001-06-22(a)(5)

In his response to the motion for summary judgment, Robert Goans did not offer any evidence, or even argue, that the obligation is unreasonable in light of his financial circumstances. Accordingly, the Court concludes that the $4,000 debt for attorney fees is nondischargeable under § 523(a)(5).

Section 523(a)(5) does not except a marital debt from discharge merely because paying it would benefit a former spouse; the debt must be in the nature of support.

Bullock v. Hodge (In Re Hodge) · filed 2001-07-11(a)(5)

Accordingly, for the foregoing reasons, the Court finds that the Defendant’s obligation to CitiFinancial is not a support or maintenance obligation within the meaning of 11 U.S.C. § 523(a)(5).

Section 523(a)(5) allows the court to consider all evidence relevant to the parties’ intent when deciding whether separation-agreement payments are support.

Woolard v. Axline (In Re Woolard) · filed 2001-07-26(a)(5)

The Court continues to adhere to its prior opinion, and will not conclusively presume that the payments in question constitute support for purposes of 11 U.S.C. § 523(a)(5). Instead, the Court will consider all evidence relevant to the parties’ intent.

Section 523(a)(5) makes divorce-related payments nondischargeable when they are actually in the nature of alimony, maintenance, or support.

Sillins v. Sillins (In Re Sillins) · filed 2001-08-02(a)(5)

For all of the reasons set forth above, no genuine issue of fact has been raised warranting a trial, summary judgment is awarded to Dolores and the payments due Dolores under the Judgment are a non-dischargeable debt pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts genuine spousal support from discharge, but a payment that actually divides marital property falls outside that exception even if designated as support.

Woolard v. Axline (In Re Woolard) · filed 2001-08-06(a)(5)

For the foregoing reasons, the (' surt concludes that $2,100 of the monthly payments the plaintiff was to make to the defendant for a period of 84 months u ider their separate agreement, although designated as spousal support, is not actually in the nature of alimony, maintenance, or support for purposes of 11 U.S.C. § 523(a)(5). The Court further concludes that the monthly payment of $1,000 for 120 months is in the nature of alimony, maintenance, or support and is, therefore, nondis-chargeable under § 523(a)(5).

Section 523(a)(5) excepts an obligation from discharge when it is actually in the nature of alimony or support; a property settlement does not qualify merely because it is labeled alimony.

Coker v. Coker (In Re Coker) · filed 2001-08-13(a)(5)

In sum, considering the lack of intention of Ms. Coker to seek alimony, coupled with the factors recited above, this Court is satisfied that the $7,000.00 monetary award is in the nature of a property settlement based on the clear language set forth in the Final Judgment of Dissolution of Marriage. Therefore, it is not within the exception to discharge of Section 523(a)(5).

Section 523(a)(5) allows discharge of custody-related attorney fees when paying them would severely impair a parent’s ability to support the child.

Lowther v. Lowther (In Re Lowther) · filed 2001-08-27(a)(5)

Because Debtor does not have the ability to pay this debt without severe impairment of her ability to support the child, we conclude there are unusual circumstances supporting this narrow exception to nondischargeability.

Section 523(a)(5) requires a creditor to prove by a preponderance of the evidence that divorce-related attorney fees are in the nature of support before the debt is excepted from discharge.

Brasher v. Turner (In Re Turner) · filed 2001-09-05(a)(5)

The Bankruptcy Court correctly determined that the Appellant failed to establish by a preponderance of the evidence that the attorneys’ fees awarded by the Divorce Court were in the nature of support under § 523(a)(5).

Section 523(a)(5) can cover an award of past child support entered by a court of competent jurisdiction.

Smith v. Sanchez (In re Smith) · filed 2001-09-24(a)(5)

The statute simply provides that any debt to a child of the debtor in connection with an order of a court of record is nondischargeable. There is nothing in this language to suggest that an award of past child support made by a court of competent jurisdiction would not fall within the scope of § 523(a)(5).

Section 523(a)(5) makes a property division payment nondischargeable when it actually functions as support for a former spouse.

Lane v. Lane (In Re Lane) · filed 2001-09-26(a)(5)

We find that Debtor’s $52,308 obligation to Plaintiff is actually in the nature of support and is nondischargeable under § 523(a)(5).

Section 523(a)(5) does not treat a marital debt as support merely because a separation agreement requires the debtor to hold a former spouse harmless.

Hanjora v. Hanjora (In Re Hanjora) · filed 2001-11-05(a)(5)

Finally, the Court observes that “hold harmless” clauses, such as the one contained in the Parties’ separation agreement, do not, standing alone, create a support obligation.

Section 523(a)(5) excepts a divorce obligation from discharge when it is actually in the nature of alimony, maintenance, or support; a property division does not qualify.

In Re Varrone · filed 2001-11-16(a)(5)

Accordingly, the “debt” which the Debtor owed to the Respondent on the Petition Date in connection with the Pension Award was, and is, dischargeable notwithstanding Section 523(a)(5).

Section 523(a)(5) does not except divorce debts from discharge when the obligations lack the traditional indicia of support and the former spouse fails to prove they are alimony, maintenance or support.

Phelps v. Cordia (In Re Cordia) · filed 2001-12-21(a)(5)

Plaintiff has failed to carry her burden and establish that the obligations are awards constituting alimony, maintenance or support. Therefore, the court concludes that the debts are dischargeable under section 523(a)(5).

Section 523(a)(5) excepts a child-support debt from discharge even if no court had ordered support before the debtor filed for bankruptcy.

Hutchison v. Birmingham (In Re Hutchison) · filed 2001-12-07(a)(5)

In this case, the Court holds that a debt for child support arises upon the birth of the child and that the fact that no court had yet ordered the debtor to support the child does not take the debt outside the scope of 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a divorce debt from discharge when the obligation is actually in the nature of alimony, maintenance, or support.

Waltner v. Waltner (In Re Waltner) · filed 2001-12-27(a)(5)

The Court therefore finds that the allocation of the seven debts at issue in this case was not in the nature of maintenance or support and Wendall’s obligation to pay those debts is not excepted from discharge under § 523(a)(5).

Section 523(a)(5) excepts divorce obligations from discharge when the parties intended them to function as alimony, maintenance, or support, including child support and an obligation to purchase a home.

Baron v. Baron (In re Baron) · filed 2002-01-04(a)(5)

In light of the foregoing authority and based upon the pleadings of record, this Court is satisfied that it was the intent of the parties, at the time of the execution of the Mediation Agreement and the entry of the Final Judgment, for child support payments in the amount of $3,000, and all other related child support, alimony payments in the amount of $1,000, and the purchase of a house to be in the nature of alimony, maintenance, or support.

Section 523(a)(5) makes a divorce-related attorney-fee award nondischargeable when it is in the nature of support for a former spouse.

Drewell v. Smith (In Re Smith) · filed 2002-01-10(a)(5)

Thus, the award of attorneys fees in Florida can be characterized as support for the former spouse, and is therefore nondischargeable under 11 U.S.C. 523(a)(5).

Section 523(a)(5) does not govern whether a guardian ad litem’s attorney’s fees may be characterized as child support in a custody case.

Miller v. Miller · filed 2002-01-10(a)(5)

We disagree with Goldberg’s position that 11 U.S.C. § 523(a)(5) governs the case at hand.

Section 523(a)(5) makes a divorce agreement’s hold-harmless obligation nondischargeable when the obligation is in the nature of support.

Sharp v. Dean (In Re Dean) · filed 2002-03-05(a)(5)

The Court finds the obligation arising from the Agreement for Debtor to hold Plaintiff harmless from the IRS debt to be in the nature of a support obligation and therefore nondischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts an obligation in the nature of support from discharge; a prior state court determination of that issue can preclude relitigation.

Milford v. Milford (In re Milford) · filed 2002-03-05(a)(5)

Because all of the elements of collateral es-toppel are satisfied, Defendant is estopped from arguing that his obligation to pay Plaintiffs student loan debt is not in the nature of support. The obligation is therefore non-dischargeable pursuant to § 523(a)(5).

Section 523(a)(5) excepts a divorce settlement debt from discharge when its true nature is alimony, even if the settlement calls for a fixed lump-sum payment.

McNamara v. Ficarra (In Re McNamara) · filed 2002-03-27(a)(5)

In this case, quite clearly, the debt is not a disguised property settlement; it is the manifestation of the parties’ decades-old struggle over alimony payments. As such, the debt is non-disehargeable alimony under § 523(a)(5).

Section 523(a)(5) excepts a debt to a former spouse from discharge only if it is connected to a divorce or related agreement and is in the nature of support.

Paddock v. Choquette (In Re Choquette) · filed 2002-04-16(a)(5)

Upon consideration of the evidence, the written and oral arguments of counsel, and for the reasons set forth below, I find and conclude that the disputed obligation is not a debt incurred “in connection with a separation agreement, divorce decree or other order of a court of record,” and therefore does not fall within the purview of 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a divorce settlement payment from discharge when the parties intended it as support, even if they labeled it equitable distribution.

Baron v. Baron (In re Baron) · filed 2002-05-31(a)(5)

In the absence of any contravening evidence by the Debtor, this Court is satisfied that the entire award of $500,000 (referenced in Paragraph 8(b) of the Mediation Agreement) is deemed to be support, and thus within the exception of § 523(a)(5) of the Code.

Section 523(a)(5) excepts child support from discharge, but an education expense obligation intended as a property settlement is dischargeable.

Cowell v. Hale (In Re Hale) · filed 2002-06-19(a)(5)

This Court concludes that the Debtor’s agreement to pay for his child’s education does not constitute support within the meaning of 11 U.S.C. § 523(a)(5) and therefore such obligation is not excepted from discharge. This Court further concludes that the Debtor’s obligation to pay child support is a nondischargeable debt under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a divorce decree payment in lieu of spousal support from discharge when the payment is actually in the nature of support.

Courtney v. Traut (In Re Traut) · filed 2002-08-05(a)(5)

Therefore, based upon these considerations, this Court holds that, as a matter of law, the obligation in the Parties’ decree of divorce which is specified as a payment in “lieu of spousal support” constitutes a support obligation within the meaning of § 523(a)(5).

Section 523(a)(5) excepts an obligation to share private school tuition from discharge when the obligation is in the nature of child support.

Luppino v. Evans (In Re Evans) · filed 2002-05-23(a)(5)

The decision to find Defendant’s obligation to share equally in the children’s private school tuition nondischargeable under § 523(a)(5) is in accord with the majority of courts that have addressed this precise issue.

Section 523(a)(5) makes maintenance and counsel fees that are in the nature of support nondischargeable.

Nickolas v. Boccio (In Re Boccio) · filed 2002-07-03(a)(5)

Similar to the $39,000 award, the $2,400 award for retroactive maintenance is clearly non-dischargeable under § 523(a)(5). Further, the $2,000 in counsel fees paid for Nickolas’s attorney is also non-dischargeable as it is in the nature of support.

Section 523(a)(5) makes a divorce obligation nondischargeable when the parties intended it as maintenance at the time of their agreement, regardless of the debtor’s later inability to pay.

Skinner v. Skinner (In Re Skinner) · filed 2002-07-24(a)(5)

For the reasons stated herein, the Court finds and determines that the DEBTOR’S obligation designated by the Judgment of Dissolution of Marriage as maintenance, to make seven (7) annual payments of $10,000.00 to LINDA, is actually in the nature of maintenance and, therefore, is nondischargeable pursuant to Section 523(a)(5).

Section 523(a)(5) excepts a divorce obligation from discharge when it was intended to function as support, regardless of its label in the divorce decree.

Werthen v. Werthen (In Re Werthen) · filed 2002-09-03(a)(5)

The § 523(a)(5) inquiry does not stop at the labels applied in the decree; its substance prevails over its form.

Section 523(a)(5) generally makes fees for guardians ad litem and attorneys for minor children in divorce support, custody, or visitation disputes nondischargeable.

Manzi v. Geenty (In Re Manzi) · filed 2002-09-18(a)(5)

The court finds persuasive the Peters rationale for the rule that fees for guardians ad litem and attorneys for the debtor’s minor children incurred in connection with support and/or custody and/or visitation disputes in the debtor’s divorce proceeding generally are nondischargeable.

Section 523(a)(5) makes a divorce debt nondischargeable when the obligation is maintenance or support rather than a division of marital property.

Johnson-McGunn v. McGunn (In Re McGunn) · filed 2002-10-31(a)(5)

Consequently, the Court finds that the $385,000.00 debt owed to Patricia by Edward, less the $3,000.00 previously paid to her by Edward, constitutes maintenance and thus is non-dischargeable under § 523(a)(5).

Section 523(a)(5) excepts a support-like obligation to hold a former spouse harmless from discharge, but does not except the underlying marital debt owed to third-party creditors.

McKinnis v. McKinnis (In Re McKinnis) · filed 2002-12-06(a)(5)

The Court finds that the hold harmless obligation contained in the Decree is a debt to a former spouse in the nature of support and maintenance and is therefore non-dischargeable under § 523(a)(5)(B). Debtor’s obligation on the underlying marital debt to third party creditors is not a debt “to a spouse, former spouse or child” of Debtor and therefore does not fall within the ambit of § 523(a)(5).

Section 523(a)(5) can except a support debt from discharge even when it is payable to a third party rather than directly to a spouse, former spouse, or child.

Falk & Siemer, LLP v. Maddigan · filed 2002-12-10(a)(5)

Our case law clearly establishes that debts in the nature of support need not be payable directly to one of the parties listed in § 523(a)(5) in order to be nondischargeable.

Section 523(a)(5) makes child support overpayments nondischargeable when they were made under a legal duty to pay support.

Allen Co. Child Support Enforcement Agency v. Baker (In Re Baker) · filed 2002-12-17(a)(5)

Thus, for the above reasons, the intent of § 523(a)(5) clearly aligns itself much more closely with the position that, as the phrase is used in § 523(a)(5), an obligation is “for ... support of such ... child” whenever there is any legal duty to pay such an obligation. ... Accordingly, it is the holding of this Court that the overpayments made by the Plaintiff fall within the exception to discharge set forth in 11 U.S.C. § 523(a)(5).

Section 523(a)(5) makes pension payments in the nature of spousal support nondischargeable even when the divorce decree waives maintenance.

Violet Guarino v. Corrozzo · filed 2003-01-23(a)(5)

But “maintenance” and “support” are two different classes of payments that are exempt from discharge under 11 U.S.C. § 523(a)(5). The record does not show how the terms are defined under Illinois law (where the divorce was granted), so we are not persuaded that the waiver of “maintenance” in Section 8A of the decree means that the payments ordered in Section 8B are something other than support.

Section 523(a)(5) excepts housing and related expenses under a divorce decree from discharge when they were intended as maintenance or support.

Sangi v. San Giovanni (In re San Giovanni) · filed 2003-02-26(a)(5)

Section 6 of the separation agreement incorporated into the divorce decree is entitled, “Maintenance and Support” and was clearly intended to provide a means of maintenance and support to the Plaintiff by providing her a house to live in and paying the obligations related to it for a period of two years from the closing. ... The Court finds that these obligations are excepted from discharge pursuant to section 523(a)(5) of the Bankruptcy Code.

Section 523(a)(5) does not automatically discharge debts in the nature of spousal support, so a former spouse may challenge their dischargeability after the bankruptcy proceeding.

Loveday v. Loveday, Unpublished Decision (3-24-2003) · filed 2003-03-24(a)(5)

We conclude that Vicki's failure to challenge the dischargeability of the marital debt during Gary's bankruptcy proceedings does not prevent her from challenging the dischargeability of that debt now as debts in the nature of spousal support are not automatically discharged in bankruptcy.

Section 523(a)(5) makes a divorce-related mortgage obligation nondischargeable when it is intended to provide support for children.

Waters v. Waters (In re Waters) · filed 2003-04-17(a)(5)

In this case, and viewing the facts in a light most favorable to the Defendant, it is clear that the subject obligation is in the nature of a support obligation and is nondischargeable pursuant to 11 U.S.C. § 523(a)(5). It is patently obvious that the divorce court intended that the Defendant pay down the mortgage on the marital residence with the proceeds from the sale of “the house across the street” as additional support for the minor children.

Section 523(a)(5) makes a former spouse’s health insurance obligation nondischargeable when it functions as support, along with medical expenses and attorney fees arising from its breach.

Basile v. Basile (In Re Basile) · filed 2003-02-19(a)(5)

Applying the factors discussed above to the facts of this case, the Court finds that the Debtor’s obligation to maintain health insurance for his former spouse was intended by the parties to function as support. And, since the debts at issue were created from a judgment entered against the Debtor for his failure to provide health insurance, it necessarily follows that the debts or losses incurred by Vickey for her medical expenses — expenses that would have been covered by insurance if Steven had provided it as ordered and agreed — are also nondischargeable pursuant to § 523(a)(5). Furthermore, the $6,000.00 in attorney fees which Vickey incurred in enforcing the requirement for Steven to provide health insurance are also nondischargeable.

Section 523(a)(5) requires a fact-specific inquiry into whether an education expense obligation was intended as support; such obligations are not automatically excepted from discharge.

Cowell v. Hale (In Re Hale) · filed 2003-03-07(a)(5)

Cowell is left with her assertion that, as a matter of law, an agreement to pay education expenses of a minor child is always excepted from discharge under § 523(a)(5). As an abstract proposition, the argument has appeal, but given the fact-specific character of the § 523(a)(5) determination, per se rules are inappropriate.

Section 523(a)(5) excepts from discharge attorney’s fees owed to a former spouse for enforcing support obligations.

Peterson v. Peterson (In Re Peterson) · filed 2003-04-11(a)(5)

Accordingly, the Court holds that the Debtor’s obligation to pay attorney’s fees in the amount of $1,100 is excepted from discharge under § 523(a)(5).

Section 523(a)(5) makes divorce obligations intended to support a spouse or child nondischargeable even when the divorce court labels them property division.

In Re: Paul A. Werthen, Debtor. Paul A. Werthen v. Werthen · filed 2003-05-27(a)(5)

Paul’s first argument for an out-and-out discharge is the state court’s formal division of its assessments into two boxes; but under paragraph (5), payments intended for the support of spouse and child are not dischargeable and the Massachusetts statute quoted above says that an award of property can be made “in lieu” of alimony.

Section 523(a)(5) makes spousal support obligations nondischargeable; a debtor who claimed alimony tax benefits may be estopped from recasting those payments as a property settlement.

Cox v. Cox (In Re Cox) · filed 2003-04-22(a)(5)

The Debtor is estopped from denying that the disputed payments are other than spousal support as denominated in the District Court’s records. As such, they are statutorily non-dischargeable. All relief plead pursuant to 11 U.S.C. § 523(a)(5) must be granted in favor of the Movant and against the Debtor except for a determination of the amount of attorneys’ fees and costs incurred to be allowed as reasonable in connection with the services rendered by the firm of Larson, King, L.L.P. And Movant’s prior counsel in the enforcement action and the Debtor’s ability to pay same.

Section 523(a)(5)(B) excepts unpaid child support from discharge even when the children were emancipated before judgment, where the debt reimburses a former spouse who supported them.

Cunningham v. Cunningham (In Re Cunningham) · filed 2003-05-29(a)(5)(B)

The main thrust of the Plaintiffs argument that the debt in question is dis-chargeable pursuant to 11 U.S.C. § 523(a)(5)(B) centers around the fact .that the children for which the child support arrearage judgment was entered were emancipated long before entry of the judgment. For this reason, Plaintiff argues that the judgment cannot be found to be in the nature of support. This Court disagrees with Plaintiffs argument and finds that the judgment is clearly in the nature of support because its effect is to essentially reimburse the Defendant for monies which she spent supporting the children of the parties without the help of the Plaintiff, even though he was under an order to do so.

Section 523(a)(5) excepts child support obligations from discharge; the bankruptcy court determines whether the debt is in the nature of child support.

Williams v. Sacramento County Department of Child Support Services (In re Williams) · filed 2003-07-09(a)(5)

Section 523(a)(5) excepts from discharge child support obligations. In determining whether a debt is non-dischargeable under § 523(a)(5), a bankruptcy court decides nothing more than whether the obligation is in the nature of child support. ... Because there is no dispute that the debt arising from the California Court Order is a debt for child support, the Court finds that the Debtor has not stated facts upon which relief may be granted, and the Defendant’s Motion to Dismiss must be granted.

Section 523(a)(5) makes divorce settlement obligations nondischargeable when they are intended as support, regardless of their labels.

Gunn v. Froncillo (In Re Froncillo) · filed 2003-08-01(a)(5)

We conclude that all of the payments required under the Agreement, whether directly to Diane for car payments or to various creditors for jointly-owed obligations, are structured and designed as payments in the nature of alimony, maintenance of support for purposes of the Bankruptcy Code, despite the labels given the various obligations in the Agreement.

Section 523(a)(5) excepts a former spouse’s settlement obligation from discharge when it is actually in the nature of support.

Martin v. Wilbur (In Re Wilbur) · filed 2003-10-02(a)(5)

The Court determines that the obligations were support to the Plaintiff and thus were nondis-chargeable pursuant to § 523(a)(5).

Section 523(a)(5) excepts an agreed college expense obligation from discharge when the parties intended it as child support, even if the child has reached adulthood.

Soffel v. Shaw (In Re Shaw) · filed 2003-09-18(a)(5)

Because the Court finds that each of the three Gianakas factors points in favor of a holding that the parties intended for the College Expenses Obligation to serve as support for Sarah, the Court shall so hold, which means necessarily then that such obligation, to use the vernacular of § 523(a)(5), is actually in the nature of support. Accordingly, the College Expenses Obligation is held to be nondis-chargeable as child support pursuant to § 523(a)(5), which holding dictates that the Court grant Soffel’s summary judgment motion.

Section 523(a)(5) excepts divorce obligations from discharge when they function as support or maintenance, even if labeled as asset division payments.

Hoggarth v. Hoggarth (In Re Hoggarth) · filed 2003-10-28(a)(5)

Upon consideration of all of these factors, the Court finds that the asset division payments were intended to provide support or maintenance for Patricia Hoggarth, and the obligation is therefore nondischargeable under section 523(a)(5).

Section 523(a)(5)(B) excepts a divorce obligation from discharge when it functions as alimony or spousal support.

Portwood v. Young (In Re Portwood) · filed 2003-10-29(a)(5)(B)

Based on the above facts, the Court finds that the debt owed to Young is alimony and is non-dischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts divorce debts that are actually in the nature of alimony, maintenance, or support from discharge, including qualifying attorney’s fees and costs.

Bauer v. Prewitt · filed 2003-11-14(a)(5)

This Court is of the opinion that the provisions of the Final Decree of Divorce providing: (1) Petitioner’s share of the marital domicile, which is $14,600.00 with interest at the legal rate until paid; (2) $4,865.35 toward Petitioner’s attorney’s fees; and (3) taxable costs of $1,035.35 payable to Donald W. Marcari, attorney for the Petitioner, for costs and fees, are “actually in the nature of alimony, maintenance, or support” and, therefore, are not dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) requires a former spouse to prove that a divorce obligation was intended as support when the decree was entered.

Edenfield v. Fussell (In Re Fussell) · filed 2003-11-20(a)(5)

However, Plaintiff still bears the burden of proof of establishing that the obligation is actually in the nature of support. The separation agreement does not provide for alimony for Plaintiff, and Plaintiff presented no evidence which establishes that when Debtor assumed the second mortgage and credit card debt, the parties intended those sums to qualify as providing alimony and support to her. Therefore, Plaintiff failed to satisfy her burden of proof.

Section 523(a)(18) excepts child support arrears owed to a state from discharge when its conditions are met, even if the debtor is later found not to be the child’s father.

Alter v. Illinois Department of Public Aid (In Re Alter) · filed 2003-11-10(a)(18)

Having determined that all four conditions of Section 523(a)(18) have been met, this Court holds that the debt owed to the DEPARTMENT in the amount of $1,376.00 is nondischargeable.

Section 523(a)(5) excepts support obligations from discharge; a divorce court’s label is persuasive but not dispositive evidence of whether an award is support.

Cooper v. Chudy · filed 2004-01-27(a)(5)

In determining whether an award is in the nature of support, the state court’s characterization of the award is not dispositive, but offers persuasive evidence of the intended purpose of the award.

Section 523(a)(5) excepts a debt from discharge as support only if the parties or court that created it intended it to serve as support; fees imposed to sanction litigation do not qualify.

Estate of Mayer v. Hawe · filed 2003-12-23(a)(5)

Thus, before an obligation can constitute support under § 523(a)(5), the parties or the court that created it must have intended that the debt serve the purpose of support. ... Accordingly, for the reasons stated, no reasonable factfinder could conclude that the obligation created by the probate court constitutes support and is, therefore, exempt from discharge under § 523(a)(5).

Section 523(a)(5) does not except an attorney’s fee judgment from discharge when the award is not in the nature of support.

Brock v. Weeden (In Re Weeden) · filed 2004-02-17(a)(5)

Therefore, the Attorney’s Fee Judgment was not in the nature of support and it is not a nondischargeable debt under Section 523(a)(5).

Section 523(a)(5) makes divorce payments nondischargeable as maintenance when they function as support, even if the divorce agreement waives maintenance.

Halverson v. Whitnall (In Re Whitnall) · filed 2004-01-16(a)(5)

It is the function of the § 71 payments that tip the scales in favor of this court’s determination that the § 71 payments are a form of maintenance.

Section 523(a)(5) excepts from discharge a divorce settlement payment intended to provide housing for a former spouse and child, including the resulting judgment, interest, and counsel fees incurred to enforce it.

Jones v. Herbert (In Re Herbert) · filed 2004-01-29(a)(5)

The Court finds in favor of Plaintiff on the third count of the complaint pursuant to 11 U.S.C. § 523(a)(5), as the $105,000 awarded to Plaintiff pursuant to the Stipulation is in the nature of support or maintenance. Therefore, the judgment entered in favor of Plaintiff and against Defendant in the amount of $30,000 dated November 14, 1994, plus interest from March 1988 to the present is non-dis-chargeable under 11 U.S.C. § 523(a)(5). The counsel fees awarded in the judgment dated November 14, 1994 in the amount of $1,560.00 are also non-dischargeable.

Section 523(a)(5) excepts alimony and other spousal support obligations from discharge, but its support exception does not cover true property distributions.

In Re Fluke · filed 2004-02-10(a)(5)

Such payment obligations in separation agreements, unlike true property distributions, are, by reason of § 523(a)(5), not dischargeable.

Section 523(a)(5) excepts an alimony obligation from discharge when it is actually in the nature of support; an award labeled alimony is presumed nondischargeable.

Portwood v. Young (In Re Portwood) · filed 2004-04-30(a)(5)

Section 523(a)(5) states that a debt for alimony is excepted from discharge unless it is not actually in the nature of support. Thus, there is a presumption of nondischarge-ability for an award labeled as alimony, as this award was. Once the bankruptcy court received the Decree, which labeled the award as alimony, Gwendolyn had sustained her burden.

Section 523(a)(5) presumes an award labeled alimony is nondischargeable, but the debtor may show it is not actually in the nature of support.

Portwood v. Gwendolyn S. Young · filed 2004-04-30(a)(5)(B)

Section 523(a)(5) states that a debt for alimony is excepted from discharge unless it is not actually in the nature of support. Thus, there is a presumption of nondischargeability for an award labeled as alimony, as this award was. Once the bankruptcy court received the Decree, which labeled the award as alimony, Gwendolyn had sustained her burden.

Section 523(a)(5) excepts debts in the nature of alimony, spousal maintenance, or support from a Chapter 7 discharge.

Mahkewa v. Mahkewa · filed 2004-04-12(a)(5)

Debts in the nature of alimony, spousal maintenance or support are non-dischargeable.

Section 523(a)(5) excepts marital obligations from discharge when they function as support, including housing payments and legal fees.

Young v. Butler (In Re Butler) · filed 2004-04-23(a)(5)

Further, (1) the Debtor’s outstanding spousal, maintenance and child support obligations pursuant to the Marital Agreements and New York state court judgments and orders are non-dischargeable under section 523(a)(5), and (2) based upon the preponderance of the evidence, the Monthly Payments and Young’s outstanding legal fees incurred to date, pursuant to her state court enforcement proceedings as well as adversary proceedings in this case, both constitute support and are therefore nondischargeable pursuant to section 523(a)(5).

Section 523(a)(5) makes unpaid divorce obligations that are actually in the nature of spousal support nondischargeable.

Van Aken v. Van Aken (In Re Van Aken) · filed 2004-04-28(a)(5)

Any and all of the spousal support contained in Section 3 of the parties’ Separation and Property Settlement Agreement that remains unpaid by the Debtor is declared nondischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts guardian ad litem fees from discharge when they are support for the debtor’s children connected to a divorce or court order.

Landry v. Soffee (In Re Soffee) · filed 2004-04-27(a)(5)

IT IS ORDERED that the judgment debt of $1,380.75 plus interest owed by debtor to plaintiff for guardian ad litem services is excepted from debtor’s discharge in bankruptcy pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) makes a retroactive child support award nondischargeable even if the support order is entered after the bankruptcy discharge.

Timmons v. Timmons · filed 2004-04-30(a)(5)

The language of section 523(a)(5), however, provides no time limitation on when the order of support must be entered for the support obligation to be nondischargeable in bankruptcy.

Section 523(a)(5) excepts a divorce obligation from discharge when it functions as support, including mortgage payments that provide shelter for a former spouse and children.

Lewis v. Trump (In Re Trump) · filed 2004-05-14(a)(5)(B)

Robert’s obligation under the Agreement to make payments on the second mortgage note secured by the parties’ former residence, and ultimately to satisfy this note, is in the nature of support and not dischargeable under § 523(a)(5).

Section 523(a)(5) makes divorce obligations intended to support a spouse nondischargeable, including special master fees paid to a third party for the spouse’s benefit.

Hough v. Hough · filed 2004-06-08(a)(5)

We hold the trial court properly exercised its judicial discretion in its determination that its order requiring Husband to pay special master's fees and costs from the marital estate and the order awarding a judicial lien to special master were intended to provide support to Wife and therefore, non-dischargeable in Husband's bankruptcy.

Section 523(a)(5) excepts divorce-related attorney fee debts from discharge when they are in the nature of alimony, maintenance, or support.

Klinger v. Hosler (In Re Hosler) · filed 2004-05-17(a)(5)

A debt owed to a former spouse or a debt to be paid to a third party in the nature of alimony, maintenance, or support pursuant to a divorce decree is nondischargeable in bankruptcy under 11 U.S.C. § 523(a)(5). ... The terms and the language of the Judgment in no way suggests that this provision is or should be construed as maintenance or in the nature of spousal support. Accordingly, the Court finds the debt dis-chargeable in Debtor’s bankruptcy.

Section 523(a)(5) makes an obligation for a former spouse’s support nondischargeable even when it is labeled lump sum alimony and cannot be modified.

Daniel v. Daniel · filed 2004-05-24(a)(5)

It does not definitively negate the possibility that the $3,750 per month is for Wife’s maintenance and support. Because the evidence supports the trial court’s finding that the obligation is for that purpose, rather than a dischargeable division of property, the order must be affirmed.

Section 523(a)(5) excepts a debt from discharge when payments to a third-party creditor and a hold-harmless clause are in the nature of spousal support.

Mullins v. Mullins (In Re Mullins) · filed 2004-06-22(a)(5)

Because the Providian VISA debt payments and the Mutual Release clause (also known as a hold harmless clause) are in the nature of spousal support, and exempt from discharge under 11 U.S.C. § 523(a)(5), this Court finds the debt non-dischargeable.

Section 523(a)(5) does not make a property settlement an independent exception to discharge; the debt must be for alimony, maintenance, or support.

Thompson v. Thompson · filed 2004-07-15(a)(5)

Although the term "property settlement" is included in 11 U.S.C. section 523(a)(5), it is only included as a condition precedent capable of triggering the three listed exceptions to discharge; it is not a fourth and independent exception to discharge.

Section 523(a)(5) excepts a divorce-related debt from discharge when the obligation serves as support, regardless of how the parties labeled it.

Anderson v. Walden (In Re Walden) · filed 2004-07-27(a)(5)

A debt owed to a former spouse or a debt to be paid to a third party in the nature of alimony, maintenance, or support pursuant to a divorce decree is nondischargeable in bankruptcy under 11 U.S.C. § 523(a)(5). ... In this case, it appears clear that the subject debt is in the nature of alimony, maintenance, or support.

Section 523(a)(5) excepts an obligation under a divorce agreement from discharge when the obligation was intended to provide support, regardless of its label.

Brown v. Mills (In Re Mills) · filed 2004-08-25(a)(5)

Applying these legal precepts to the evidence presented at trial, we conclude that the obligation arising as a result of paragraph 5 of the post-nuptial agreement, which was incorporated into the final divorce decree, falls within the scope of § 523(a)(5) and therefore is excepted from discharge.

Section 523(a)(5) excepts obligations in the nature of alimony, maintenance or support from discharge.

Batzek v. Batzek (In Re Batzek) · filed 2004-08-23(a)(5)

In light of the foregoing authority, this Court is satisfied that the evidence presented more than demonstrates that the obligations owed to Ms. Batzek are in the nature of alimony, maintenance or support and are nondisehargeable.

Section 523(a)(5) requires a bankruptcy court to determine whether a divorce debt is actually support, regardless of the state court’s label.

Zaino v. Zaino (In Re Zaino) · filed 2004-10-20(a)(5)

The remaining question is whether the debt is one for alimony, support or maintenance. A bankruptcy court is not bound by the labels used in the state court but rather is able to make an independent decision.

Section 523(a)(5) excepts marital debt from discharge when the obligation is actually in the nature of spousal support, even if the parties waived formal maintenance.

Wedeward v. Weaver (In Re Weaver) · filed 2004-09-29(a)(5)

The obligations must actually be in the nature of alimony, maintenance, or support in order not to be discharged. ... Mr. Wedeward has convinced the court by a preponderance of the evidence that Debtor’s obligation to pay marital debts is in the nature of spousal maintenance, and the debt should not be discharged.

Section 523(a)(5) excepts attorney fees awarded in a child custody dispute from discharge when they are owed to a former spouse for the children’s support and maintenance under a court order.

Sonntag v. Prax (In Re Sonntag) · filed 2004-11-01(a)(5)

The amount owed to her former spouse is for the support and maintenance of the parties’ children and was incurred in connection with an order of a court of record, as required by 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a former spouse’s debt from discharge when the parties intended it as support and it functions as support, including mortgage payments that provide shelter.

Cotten v. Cotten (In Re Cotten) · filed 2004-11-18(a)(5)

The other inquiry under § 523(a)(5) is whether the obligation is truly in the nature of support. Here, it is not difficult to conclude that the Defendant’s obligation functions as support. ... Under these circumstances, the Court holds that the Plaintiff has sustained her burden to show that the obligation was in substance support.

Section 523(a)(5) excepts a divorce obligation from discharge only if it is actually in the nature of alimony, maintenance, or support.

Benz v. Benz (In Re Benz) · filed 2004-12-09(a)(5)

Based upon the foregoing, and this Court finds that the payment obligation imposed on the Debtor by the Final Judgment, is not within the exceptions to discharge as set forth under Section 523(a)(5) of the Bankruptcy Code.

Section 523(a)(5) makes alimony obligations nondischargeable, and a debtor who consistently treated payments as alimony on tax returns is estopped from denying that treatment to obtain a discharge.

Breibart v. Breibart (In Re Breibart) · filed 2004-12-15(a)(5)

Accordingly, based upon the authority provided by the Fourth Circuit, the Court need not inquire further and finds that Debtor is estopped from asserting a position other than that consistently taken on his tax returns — that the $1,000 monthly cash payments and $1,000 of the monthly mortgage payments constitute a nondis-chargeable debt pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a divorce obligation from discharge when it is in the nature of alimony, maintenance, or support.

Battaglia v. Battaglia (In re Battaglia) · filed 2005-02-09(a)(5)

An obligation arising from the dissolution of marriage is not dischargeable so long as it is in the nature of alimony, maintenance or support. 11 U.S.C. § 523(a)(5).

Section 523(a)(5)(B) makes payments to a former spouse nondischargeable when they are in the nature of alimony rather than a property settlement.

Dickson v. Tindall (In Re Dickson) · filed 2005-03-08(a)(5)(B)

For the above reasons, we affirm the finding that the payments are in the nature of alimony and therefore non-dischargeable.

Section 523(a)(5) treats an obligation labeled spousal support and bearing the traditional indicia of support as nondischargeable support; the debtor cannot use extrinsic evidence to rebut its support character.

Van Aken v. Van Aken (In Re Van Aken) · filed 2005-02-11(a)(5)

Similarly, the direction in Sorah that obligations that are clearly labeled spousal support and have all of the traditional indicia of support are conclusively presumed to be in the nature of support is a rule of substantive law. For policy reasons a debtor will not be permitted to introduce evidence tending to contradict the conclusive presumption of support.

Section 523(a)(5)(B) makes an assumed marital debt nondischargeable when it is actually in the nature of support.

Thornton v. Thornton (In Re Thornton) · filed 2005-03-04(a)(5)(B)

In summation, the Court holds that, as applied to 11 U.S.C. § 523(a)(5)(B), the Defendant’s assumption of an automobile lease to Fifth-Third Bank and a Capital One credit-card account are “actually in the nature of support.”

Section 523(a)(5) makes a divorce payment nondischargeable when it was intended as support, even if the agreement does not label it alimony or maintenance.

Jones v. Herbert (In Re Herbert) · filed 2005-03-08(a)(5)

The Court finds this argument without merit. The Second Circuit has explicitly stated that “[ajlthough a written manifestation of agreement is persuasive evidence of intent, ... the label that the parties attach to a payment is not dispositive; the court must look to the substance, and not merely the form, of the payments.”

Section 523(a)(5) makes an agreed obligation to pay a child’s college expenses nondischargeable when it is in the nature of child support.

Mattingly v. Mattingly · filed 2005-05-13(a)(5)

Finally, we turn to whether the family court correctly determined that Stephen’s obligation was not dischargeable because it fell within the provisions of 11 U.S.C. § 523(a)(5). ... Because there was substantial evidence to support the court’s finding that the college expense obligation was in the nature of child support, we conclude that the court did not clearly err in making such determination.

Section 523(a)(5) excepts a marital debt from discharge when it is actually in the nature of maintenance or support, including a hold-harmless obligation for an assigned tax debt.

Drazin v. Irons (In Re Irons) · filed 2005-05-17(a)(5)

The $31,232.00 debt owed by Debtor Susan Mary Irons to Neal Drazin is nondis-chargeable pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5)(A) does not make unpaid alimony dischargeable merely because the recipient dies and the claim passes to her estate by operation of law.

McIntyre v. White (In Re McIntyre) · filed 2005-07-22(a)(5)(A)

It is this Court’s position that Congress did not intend the result that the Debtor is seeking when it drafted § 523(a)(5)(A). The intent was to protect the ex-spouse and children to whom payment is owed. A holding that, upon the unfortunate death of Mrs. McIntyre, the alimony debt accumulated by the delinquent debtor is now dischargeable represents an absurd result that is clearly out of line with the intent of the drafters.

Section 523(a)(5) excepts an agreed divorce obligation from discharge when the parties intended it as support and it actually provided support.

Loper v. Loper (In Re Loper) · filed 2005-09-08(a)(5)

When a divorce decree is entered into by agreement, as this one was, the question of whether an obligation is in the nature of alimony, maintenance or support is resolved by determining (1) the shared intent of the parties as to the nature of the obligation at the time it arose, and (2) whether the obligation had the actual effect of providing support.

Section 523(a)(5) has no separate unusual-circumstances exception once a debt is found to be in the nature of support; special circumstances bear only on whether the debt is support.

Benjamin v. Douglas (In Re Douglas) · filed 2005-08-26(a)(5)

The only issue properly before the court in determining whether a debt falls within the parameters of § 523(a)(5) is whether it is in the nature of support. Special circumstances may come into play in making that determination. However, once the determination is made that the debt is in the nature of support, no additional considerations are left to the bankruptcy court.

Section 523(a)(5)(B) makes a divorce-related attorney fee award nondischargeable when the award serves as support, including fees for property work meant to ease a spouse’s financial burden.

Cantwell v. Bearden (In Re Bearden) · filed 2005-09-06(a)(5)(B)

An award of attorneys’ fees is nondischargeable support based upon such factors as the balancing of the parties finances. Attorneys’ fees incurred in the acquisition of property for a spouse may be deemed support if those fees are meant to relieve the financial burdens of that spouse.

Section 523(a)(5) does not except a child support debt from discharge when the debtor is not the children's father and the paternity judgment is denied preclusive effect.

Hartnett v. Mustelier (In Re Hartnett) · filed 2005-09-09(a)(5)

The issue here is whether the Child Support Debt is excepted from discharge under 11 U.S.C. § 523(a)(5). In pertinent part, that section excepts from discharge any debt to a child of the debtor, for support of such child, if the debt arose from a state court order or judgment. ... The Child Support Debt (as defined in the Memorandum Opinion) subject of this adversary proceeding is not within the exception to discharge in 11 U.S.C. § 523(a)(5) and therefore is discharged.

Section 523(a)(5) excepts a spousal award from discharge when the award is intended as maintenance or support, even if it is labeled equitable distribution.

Cegan v. Cegan · filed 2005-10-17(a)(5)

For the reasons set forth above, we conclude that the entire cash award of $173,352 (increased to $190,155 by the state judge) was for maintenance and support and is, therefore, excepted from discharge under § 523(a)(5).

Section 523(a)(5) excepts a divorce obligation from discharge only if it is actually in the nature of alimony, maintenance, or support.

Andrus v. Ajemian (In Re Ajemian) · filed 2006-03-14(a)(5)

After applying the three factors identified in So-rah, and examining the traditional indicia of support, the Court concludes that the Debtor’s obligation in the Judgment to pay Ajemian $146,184.04 is a property settlement and is not in the nature of alimony or support.

Section 523(a)(5) excepts a divorce obligation from discharge only if the obligation was intended as support.

Jestice v. Jestice · filed 2006-02-09(a)(5)

Although there is some evidence in the record that both parties intended the debt assumption to be in lieu of support, we agree with the BAP that, while some of these considerations weigh in favor of Jestice, we likewise cannot conclude that the bankruptcy court erred in determining that Jestice failed to satisfy her burden of proving that the obligations at issue were intended as support.

Section 523(a)(5) does not except a support debt from discharge when the debt is owed directly to a county rather than to a spouse, former spouse, or child.

County of Dallas v. Baldwin (In Re Baldwin) · filed 2006-02-13(a)(5)

From its plain meaning, § 523(a)(5) is not applicable to debts not owed to “a spouse, former spouse, or child.”

Section 523(a)(5) excepts reasonable attorneys’ fees incurred collecting support obligations from discharge, even if the earlier judgment did not expressly mention those fees.

Egleston v. Egleston · filed 2006-05-05(a)(5)

We agree with Vicki that a bankruptcy court judgment that excepts from discharge a stream of future support payments does not have to explicitly state that attorneys’ fees related to the collection of those support payments are also excepted from discharge.

Section 523(a)(5) makes attorney fees from custody litigation nondischargeable when the litigation benefits and supports the children.

Burnett v. Shain (In re Shain) · filed 2006-05-17(a)(5)

Legal fees resulting from child custody and support litigation are deemed child support if the litigation was for the benefit and support of the children. ... Based on the above analysis, the Plaintiff has met his burden to prove the debt in question is nondischargeable under § 523(a)(5).

Section 523(a)(5) excepts a parent’s obligation for a child’s extraordinary medical expenses from discharge as child support, without the deadline and procedures applicable to nonsupport dissolution obligations.

In Re the Marriage of Campbell · filed 2006-05-18(a)(5)

Accordingly, we conclude § 523(a)(5) governed the question whether husband’s obligation for his share of extraordinary medical expenses was excepted from discharge in bankruptcy and, therefore, the deadline and adjudicatory procedures applicable to other dissolution obligations covered by § 523(a)(15) did not apply.

Section 523(a)(5) treats a debt as nondischargeable alimony when the parties’ agreement unambiguously identifies the payments as alimony and separates them from the division of property.

Littleton v. Littleton (In Re Littleton) · filed 2006-06-20(a)(5)

Similarly, the settlement agreement in this case unambiguously categorizes the relevant payments as alimony and contains an explicit, separate provision for the division of property.

Section 523(a)(5) excepts attorney’s fees and court costs arising from a child custody dispute from discharge when the debt is in the nature of support for the child.

Rogers v. Morin (In Re Rogers) · filed 2006-06-22(a)(5)

On summary judgment, Morin established as a matter of law that the debt is not dischargeable under § 523(a)(5) because at the time it was incurred, the debt was in the nature of support for Erin.

Section 523(a)(5) makes a divorce-related attorney-fee award nondischargeable when the award is in the nature of support.

In Re the Marriage of Yates · filed 2006-06-29(a)(5)

We conclude that the award of attorney fees was in the nature.of a support obligation. Because a support obligation is not dischargeable in bankruptcy, husband remains obligated to pay this award, and we conclude that he has standing to challenge it.

Section 523(a)(5) makes a guardian ad litem fee from a contested adoption nondischargeable when the fee supports the debtor’s child and arises from a court order, even if payment is owed to the guardian.

Stewart v. Walker (In Re Stewart) · filed 2006-06-29(a)(5)

Accordingly, the Bankruptcy Court and the District Court correctly determined that the guardian ad litem fee at issue here is non-dischargeable under § 523(a)(5).

Section 523(a)(5) makes a debt intended to function as spousal support nondischargeable, even if the parties label it a property settlement.

ALTICOR, INC. v. Grissum · filed 2006-07-28(a)(5)

The trial court misapplied the law when it found that the $3000 monthly payment was in the nature of a property settlement and dischargeable in bankruptcy. The debt was one of support for Husband that was exempted from Wife’s bankruptcy pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts child support and necessary transportation expenses that serve as support from discharge.

Milner v. Milner (In Re Milner) · filed 2006-08-01(a)(5)

Child support presumptively satisfies the definition of support for purposes of section 523(a)(5). ... In my view, the present lease payments satisfy this test. Accordingly, both of these final two components of Mrs. Milner’s claim will be deemed non-dischargeable.

Section 523(a)(5) excepts a divorce obligation from discharge when it is intended to provide maintenance or support to a former spouse, even if the decree calls it equitable distribution.

Farelli v. Farelli (In Re Farelli) · filed 2006-08-16(a)(5)

Applying these “indicators” to the evidence presented at trial in this ease, we conclude that the obligation imposed on debtor as a result of the decision and decree of October 6, 2003, was intended to provide maintenance of and support for plaintiff and therefore lies within the scope of § 523(a)(5).

Section 523(a)(5) excepts from discharge attorney fees awarded for discovery related to a former spouse’s request for support.

Moore v. Strickland (In Re Strickland) · filed 2006-08-21(a)(5)

The judgment was entered by the Family Court to compensate the Plaintiff for fees incurred by him as a result of the Defendant’s failure to cooperate in discovery related to the Business assets from which the Plaintiff is seeking support. As such, the award is treatable as maintenance or support for purposes of section 523(a)(5).

Section 523(a)(5) did not require discharge of this maintenance award where the bankruptcy court reasonably found the debtor could repay it.

Mickler v. Mickler (In Re Mickler) · filed 2006-07-10(a)(5)

This Court believes that the Bankruptcy Court did carefully examine Andrew’s current ability to repay the obligations owed to his wife under the Family Court’s order. Plenty of evidence supports the Bankruptcy Court’s conclusion that “Andrew has the means and ability to repay this amount in full.” The Bankruptcy Court was not bound to agree with Andrew’s argument that his income would remain low or go even lower and that he would have difficulty making other required payments. Simply because Appellant predicts that he may be unable to make payment of certain obligations in the future does not compel the Bankruptcy Court to believe him based on the available evidence. The Court finds no grounds to overturn Judge Cooper’s decision on appeal.

Section 523(a)(5) makes attorney’s fees awarded in a child custody and support proceeding nondischargeable when the debt is to the child, is in the nature of support, and arises from a court order.

Wiggins v. Wilson (In Re Wilson) · filed 2006-09-18(a)(5)

The Court finds that the obligation is a debt to a child of the Debtor, is in the nature of support, and was awarded in connection with an order of a court of record. Consequently, the obligation is nondischargeable pursuant to § 523(a)(5) of the Bankruptcy Code.

Section 523(a)(5) makes a debt for expenses incurred to enforce a child custody order nondischargeable when those expenses are in the nature of child support.

Corapcioglu v. Roosevelt · filed 2006-09-20(a)(5)

These cases lead us to conclude that, under federal law, the $252,930 judgment Mother obtained against Father for counsel fees and costs she incurred in seeking Darren’s return to Maryland, to her custody, would be non-dischargeable under section 523(a)(5), as child support, or in the nature of child support.

Under the pre-BAPCPA version of § 523(a)(5), a support debt arising from a settlement agreement may be excepted from discharge without a court order or judgment.

Manz v. Palomino (In Re Palomino) · filed 2006-10-13(a)(5)

The statute does not require an order or judgment in order for a debt to meet the standards for nondis-chargeability under section 523(a)(5); debts arising from a settlement agreement are equally eligible for nondischargeability under section 523(a)(5).

Under the pre-BAPCPA version of § 523(a)(5), a divorce agreement’s obligation to provide health insurance for a former spouse is nondischargeable support.

Hall v. Bowers · filed 2006-10-31(a)(5)

The indebtedness relating to the health insurance premiums is nondischargeable pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts divorce obligations for children’s vehicle payments, insurance, tuition, and books from discharge when they are support, along with related attorney’s fees and interest.

Bell v. Bell · filed 2006-12-12(a)(5)

This Court determines that the Defendant’s obligation to pay the lien payments and insurance on the trucks driven by the Defendant’s children are nondischargeable support awards pursuant to section 523(a)(5). ... This Court further determines that the Defendant’s obligation to share in the payment of his son’s tuition and books is a nondischargeable support obligation pursuant to section 523(a)(5). ... This Court, having read and considered the Circuit Court’s Order and Divorce Decree, hereby grants Plaintiffs request that attorney’s fees and interest be excepted from discharge pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a domestic support obligation from discharge when the debt is owed to or recoverable by a spouse, is in the nature of support, and is established or subject to establishment by reason of a qualifying agreement or court order.

Deemer v. Deemer (In Re Deemer) · filed 2007-01-24(a)(5)

Under § 523(a)(5) and § 101 (14A) as they apply to this case, Plaintiff must prove that the debt is (1) owed to or recoverable by her, (2) in the nature of support and (3) established or subject to establishment pre- or post-petition by reason of a separation agreement, divorce decree, property settlement agreement or court order. Assuming the facts alleged in the complaint are true, the debts to Sears and Best Buy are not owed to or currently recoverable by Plaintiff.

Section 523(a)(5) excepts support obligations from discharge; a prior state court finding may preclude the debtor from disputing the parties’ intent to provide support, while necessity and excessiveness remain open.

Krempa v. Westerbeek (In Re Krempa) · filed 2007-01-29(a)(5)

Therefore, 28 U.S.C. § 1738 and the doctrine of collateral estoppel bar Debtor from now contending in the Section 523(a)(5) proceeding before me that the Section 71 payments were intended to be part of the property settlement instead.