Hutchison v. Birmingham (In Re Hutchison)

OPINION REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT

ARTHUR J. SPECTOR, Chief Judge.

Introduction

In this case, the Court holds that a debt for child support arises upon the birth of the child and that the fact that no court had yet ordered the debtor to support the child does not take the debt outside the scope of 11 U.S.C. § 523(a)(5).

In the latter half of 1998, Melissa Birmingham filed a complaint in Genesee County Circuit Court against Keith Hutch-ison, alleging that she was Hutchison’s “illegitimate” child. Exhibit 1 of Defendant’s Response at ¶ 13 (This is a copy of the complaint, which…