Henry v. Henry (In Re Henry)

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

This adversary proceeding was commenced by Complaint filed May 28, 1999, by which the Plaintiff, Candice M. Henry (Candice), sought determination that a judgment entered by the North Dakota state district court subsequent to her divorce decree be regarded as nondischargeable support under section 523(a)(5) of the United States Bankruptcy Code. The Defendant, Paul E. Henry (Paul), answering and by way of counterclaim, raised further challenge to an accrued child support arrearage, asserting that it is either not “in the nature of’ child…