Domestic Support Obligations Not Dischargeable in Bankruptcy

Contrary to what many people think, alimony and child support are not dischargeable in bankruptcy and have never been dischargeable in bankruptcy. The Bankruptcy Code defines a “domestic support obligation” as a debt that accrues before, on, or after the bankruptcy including interest that is recoverable by a spouse, a former spouse, a child, a parent, or a legal guardian. Also included is debt owed to a governmental unit that collects a domestic support obligation. The Bankruptcy Code clearly says that no matter what—hardship, undue hardship, or any other circumstances—domestic support obligations cannot be terminated in any bankruptcy chapter.