Byer v. Certo (In Re Certo)

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

Plaintiff seeks exception from discharge under § 523(a)(5) of a claim in the amount of $3,500. The debtor has answered. The matter was tried on September 1.

The debtor’s marriage was dissolved by a final judgment entered January 29,1980, in Florida. The judgment incorporated an Agreement between the parties which expressly waived the wife’s right to periodic alimony. The Agreement awarded custody of a minor child to the wife and provided that child support payments be made by the debtor to the wife. The Judgment specifically retains…