Legal Question in Bankruptcy in California

Spousal support is a domestic support obligation (DSO) not dischargeable in bankruptcy. However, sometimes such debts are called spousal support in the marital dissolution decree and are really something else such as a payment from one spouse to the other in order is to balance the division of community property. In that rare case the amount owed may be dischargeable in Chapter 13. You need to have a bankruptcy attorney review the marital dissolution decree to determine the intention of the family law court in making such award unless the language of the decree is absolutely clear. The divorce attorney may have to be consulted if it is ambiguous language. If the award was based on financial need of the spouse getting it and the income of the spouse paying is substantially greater then it is probably truly a DSO that is not dischargeable in Chapter 7 and must be paid fully in a Chapter 13 plan because it is a priority debt.