Keywords: child support . alimony . priority . Chapter 13 plan .
Chapter 13: When debts are considered 'domestic support payments' for purposes of repayment priority in a chapter 13 plan1 Cases , IssueID 67 |
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Topic Description:Payments for domestic support get priority treatment under a chapter 13 plan. (i.e. they get paid first) So it matters allot whether a debt is classified as this kind of debt. Lately there have been cases that are expanding this definition to include repayment of welfare or foodstamp overpayments. Lines of Cases:
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No Ninth Circuit cases in database on this topic
In a divorce settlement, debtor was ordered to pay $3,000 per month to his ex-wife. He was also ordered to pay an additional $1,000 per month to equalize the marital property distribution. During the bankruptcy proceedings here, the ex-wife objected to a plan where debtor's $1,000 per month obligation was not treated as a secured debt. The ex-wife argued that this amount was a "domestic support obligation." The court found that it was not a domestic support obligation, since the court that had decided the debtor's divorce had already considered what was sufficient domestic support when it ordered the $3,000 per month alimony payments.
In a divorce settlement, debtor was ordered to pay $3,000 per month to his ex-wife. He was also ordered to pay an additional $1,000 per month to equalize the marital property distribution. During the bankruptcy proceedings here, the ex-wife objected to a plan where debtor's $1,000 per month obligation was not treated as a secured debt. The ex-wife argued that this amount was a "domestic support obligation." The court found that it was not a domestic support obligation, since the court that had decided the debtor's divorce had already considered what was sufficient domestic support when it ordered the $3,000 per month alimony payments.
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