Warsco v. Hambright

ON PETITION TO TRANSFER

BOEHM, Justice.

We granted transfer in this case to address whether child support arrearages owed to a custodial parent are assets of the parent's bankruptcy estate. We hold that they are not. Rather, like current and future support obligations, they constitute property held in trust for the benefit of the children.

This is an appeal in an action commenced in 1984 when Dorothy Hambright brought a paternity action against Robert Edwards, Jr. In 1985, Hambright was granted custody of her three children and awarded child support. Edwards fell behind in support and the total…