Pub. L. 109-8, tit. II, subtit. B, sec. 211

DEFINITION OF DOMESTIC SUPPORT OBLIGATION.

EnactedYear: 2005Length: 241 wordsOfficial source
SEC. 211. DEFINITION OF DOMESTIC SUPPORT OBLIGATION. Section 101 of title 11, United States Code, is amended—(1) by striking paragraph (12A); and(2) by inserting after paragraph (14) the following:“(14A) ‘domestic support obligation’ means a debt that accrues before, on, or after the date of the order for relief in a case under this title, including interest that accrues on that debt as provided under applicable nonbankruptcy law notwithstanding any other provision of this title, that is—“(A) owed to or recoverable by—“(i) a spouse, former spouse, or child of the debtor or such child’s parent, legal guardian, or responsible relative; or“(ii) a governmental unit;“(B) in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor or such child’s parent, without regard to whether such debt is expressly so designated;“(C) established or subject to establishment before, on, or after the date of the order for relief in a case under this title, by reason of applicable provisions of—119 STAT. 51“(i) a separation agreement, divorce decree, or property settlement agreement; “(ii) an order of a court of record; or“(iii) a determination made in accordance with applicable nonbankruptcy law by a governmental unit; and“(D) not assigned to a nongovernmental entity, unless that obligation is assigned voluntarily by the spouse, former spouse, child of the debtor, or such child’s parent, legal guardian, or responsible relative for the purpose of collecting the debt;”.