Winders v. Winders (In Re Winders)

MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge, sitting by designation.

The dischargeability question raised in this adversary proceeding under Bankruptcy Code § 523(a)(5) involves the recurrent problem of how to characterize obligations under a divorce decree when the “support” obligation in the decree was obviously fixed at an amount lower than it otherwise would have been had the parties and the divorce court been cognizant at the time of the decree that the family home awarded to the wife for shelter for herself and the children in fact had higher effective mortgage lien obligations…