Smith v. Smith (In Re Smith)

ORDER AND MEMORANDUM OPINION

KAREN M. SEE, Bankruptcy Judge.

Plaintiff/Debtor filed a complaint to determine whether an order in a decree of dissolution to pay his former wife maintenance in gross and attorney fees is a non-dischargeable support obligation under 11 U.S.C. § 523(a)(5). The court has jurisdiction over this matter and may enter final orders in this core proceeding pursuant to 28 U.S.C. § 1334(b) and 28 U.S.C. § 157(b)(2)(I).

The court finds the debts created by the decree are non-dischargeable because the purpose of the awards was to assist with support, not merely to provide a…