Howard v. Howard

336 S.W.3d 433 (2011)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

H and Sondra (W) divorced. H was ordered to pay child support and to repay a loan on the couple's Durango which had been repossessed. Fifteen months after entry of the decree, H filed a motion in the trial court to reduce his child support obligation because of an alleged material change in circumstances. H filed a supporting affidavit in which he claimed health problems, inability to find correctional work or similarly lucrative positions, and filing for bankruptcy. W sought payment of her attorney's fees and sought to have H held in contempt for failure to pay the debt on the repossessed Durango, for which she had been subjected to collection efforts by the creditor. H testified to filing bankruptcy shortly after entry of the decree, to receiving a discharge in bankruptcy, and to not having a deficiency judgment entered against him following the repossession of the Dodge Durango. W received notice of the filing for bankruptcy and did nothing to challenge the discharge of his debts. The trial court found H to be in contempt for failure to pay the debt on the repossessed Durango. H appealed. The Court of Appeals affirmed concluding that H's obligation was not discharged under 11 United States Code (U.S.C.) § 523(a)(15). The statute had been amended, effective in 2005, to provide that a discharge under Chapter 7 (11 U.S.C. § 727) does not discharge the debtor from any debt 'to a spouse, former spouse or child' for something other than a 'domestic support obligation' (i.e., child support or maintenance) that 'is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit.' H appealed.