Date of Decision:
June 21, 2019
Whether the claim of the debtor's former spouse is a domestic support obligation excepted from discharge pursuant to 11 U.S.C. § 523(a)(5)?
No. After considering the factors set forth in Phegley v. Phegley (In re Phegley), 443 B.R. 154, 158 (B.A.P. 8th Cir. 2011), the Court found the amount for the attorney fees and the child custody evaluation cost the state court ordered the debtor to pay her former spouse was not a domestic support obligation.
Full Bankruptcy Court Decision: