In re Dorner

ARGUED AUGUST 5, 2003 Obligations to pay alimony and child support may not be discharged in bankruptcy. 11 U.S.C. §523(a)(5). A separate provision addresses debts ""incurred... 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"", which may be discharged if (A) the debtor does not have the ability to pay such debt from income or property of the debtor not reasonably necessary to be expended for the maintenance or support of the debtor or a dependent of the debtor and, if the debtor is engaged in a business, for the payment of expenditures necessary for the continuation, preservation, and operation of such business; or (B) discharging such debt would result in a benefit to the debtor that outweighs the detrimental consequences to a spouse, former spouse, or child of the debtor[.]