Can my spouse discharge a family law debt in bankruptcy?
It depends on the type of debt and whether your spouse filed a chapter 7 bankruptcy or a chapter 13 bankruptcy. Some family law debts can be discharged in chapter 13.
Domestic support obligations like alimony and child support are not dischargeable in either chapter 7 or chapter 13 bankruptcy. A domestic support obligation has four elements:
- It is owed to, or recoverable by the government or a spouse, former spouse, child of the debtor, or the child’s parent, legal guardian, or responsible relative.
- It is in the nature of alimony, maintenance, or support of the spouse, former spouse, child of the debtor or the child’s parent.
- Established or could be established under a court order or divorce decree, separation agreement or property settlement agreement, or by an administrative proceeding before a governmental unit like the Virginia Department of Social Services, Division of Child Support Enforcement.
- The debt was not assigned to a nongovernmental unit, unless it is assigned by a person in paragraph 1 above for purpose of collection.
Debts owed to a spouse, former spouse, or child of the debtor that are not domestic support obligations and that is incurred by a debtor in a separation, divorce, separation agreement, property settlement agreement, court order or decree, or a determination by a governmental unit may be discharged in a chapter 13 case, but not in a chapter 7 case.