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: 1. 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. 2. It is in the nature of alimony, maintenance, or support of the spouse, former spouse, child of the debtor or the child’s parent. 3. It was 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. 4. It has not been assigned to a nongovernmental unit, unless it was a
