Sylvester v. Sylveste

865 F.2d 1164 (10th Cir. 1989)

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

After seventeen years of marriage, H and W obtained a divorce in Texas. The divorce decree incorporated a settlement agreement which provides in relevant part that, in recognition of the medical education and training which H acquired in large part through the earnings of his former wife and contributions by her parents, H agrees to meet a number of obligations: to pay W $750.00 per month until their minor child reaches the age of 18; to pay W $1,000 per month thereafter until she remarries or either H or W dies; to pay the taxes, insurance premiums, and note payments on the real property awarded to W when the payments become due; to pay the premiums on the life insurance policies awarded to W; to pay the college expenses of the minor child; and to pay for all indebtedness incurred by the parties before the divorce. H filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code in 1984. The bankruptcy court found that H's obligations in the settlement agreement were in the nature of alimony, maintenance, or support and thus were nondischargeable under 11 U.S.C. § 523(a)(5). The district court affirmed.