Labelle v. Melton (In re Melton)

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Bankruptcy Judge.

The plaintiff, Sheryl Labelle, seeks a determination from the Court that a debt of $1,190.00 owed to plaintiff by the defendant, James G. Melton, is child support and nondischargeable in bankruptcy under 11 U.S.C. § 523(a)(5).

The plaintiff and defendant were divorced in 1977. The divorce decree ordered the defendant to pay $20.00 a week as support for the plaintiff and to pay $30.00 a week as support for the parties’ minor child, Terry Ann Melton. Defendant became delinquent in his child support. Plaintiff remarried in 1978. At…