Domestic support obligations are a certain class of debts recognized by bankruptcy law. Knowing what is a domestic support is important in evaluating the effects bankruptcy will have on you.

The timing of a domestic support obligation is unimportant under the bankruptcy code. A domestic support obligation can arise before, during, or after the filing of a bankruptcy. Interest is included as part of the obligation.

A domestic support obligation must be owed to a spouse, former spouse, or child of the debtor or the child’s parent, legal guardian, or responsible relative. The obligation can also be owed to a governmental agency.

The obligation must be in the nature of alimony, maintenance, or support of a spouse, former spouse, or child of the debtor or the child’s parent. It does not matter what the debt is named.

The debt must have been in force or subject to be enforced before, on, or after filing a bankruptcy petition by reason of a divorce decree, separation agreement, property settlement agreement, or by an order of a court of record.

No debt will be treated as a domestic support obligation if it is assigned to a nongovernmental agency unless the obligation is assigned voluntarily and assigned solely for the purpose of collection the obligation.

A debtor receives no protection from the automatic stay with respect to domestic support obligations. Collection efforts, garnishments, court orders, and any other attempts to collect the debt can continue.

There can be no discharge of a domestic support obligation in a Chapter 7 or Chapter 13 bankruptcy. A Chapter 13 Plan must provide for priority payments for domestic support obligations.

Before filing bankruptcy it is important to realize that your domestic support obligations will be largely, if not entirely, unaffected by your filing. It may also mean that a Chapter 13 is not possible if you have fallen far behind on your domestic support obligations since the debts must be paid in full under the Chapter 13 plan.