In Re Chamberlain

721 Fed.Appx. 826 (10th Cir. 2018)

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Nature of the Case

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Facts

H and W were divorced in 2009 after a 21-year marriage. W worked for Southwest Airlines and W stayed home to care for their three children. The divorce decree incorporated a marital settlement. The agreement included a 'College Education' provision: 'Husband shall pay the costs of tuition, room and board, books, registration fees, and reasonable application fees incident to provide each Child with an undergraduate college education for four consecutive years of college.' H did not meet his obligations under the college education provision. W filed a motion in Maryland state court to enforce the marital settlement agreement. By a consent order, H reaffirmed his obligation to pay his children's college expenses under the marital settlement agreement, including repayment of student loans to the two oldest children. H later failed to pay John's college expenses, and W filed another action in state court to enforce the marital settlement agreement and the 2011 consent order. A second consent order was agreed upon. H agreed to contribute up to $14,000 per academic year toward John's college expenses. H failed to comply, and the state court found him in contempt and awarded judgment to W for $14,000. H filed for bankruptcy. W's proof of claim included the amounts still owed on the other children's undergraduate student loans and the amount that H had agreed to pay toward John's college expenses. W characterized the amounts due as 'domestic support obligations' under 11 U.S.C. § 101(14A), creating priority claims that must be fully repaid. The bankruptcy court agreed with W and found that $108,085.08 of the debt constituted a domestic support obligation and created a priority claim. H appealed.