The legal issues presented in this case will be displayed here.

This section contains the nature of the case and procedural background.

H and Sondra (W) divorced. H was ordered to pay child support and to repay a loan on the couple's Durango which had been repossessed. Fifteen months after entry of the decree, H filed a motion in the trial court to reduce his child support obligation because of an alleged material change in circumstances. H filed a supporting affidavit in which he claimed health problems, inability to find correctional work or similarly lucrative positions, and filing for bankruptcy. W sought payment of her attorney's fees and sought to have H held in contempt for failure to pay the debt on the repossessed Durango, for which she had been subjected to collection efforts by the creditor. H testified to filing bankruptcy shortly after entry of the decree, to receiving a discharge in bankruptcy, and to not having a deficiency judgment entered against him following the repossession of the Dodge Durango. W received notice of the filing for bankruptcy and did nothing to challenge the discharge of his debts. The trial court found H to be in contempt for failure to pay the debt on the repossessed Durango. H appealed. The Court of Appeals affirmed concluding that H's obligation was not discharged under 11 United States Code (U.S.C.) § 523(a)(15). The statute had been amended, effective in 2005, to provide that a discharge under Chapter 7 (11 U.S.C. § 727) does not discharge the debtor from any debt 'to a spouse, former spouse or child' for something other than a 'domestic support obligation' (i.e., child support or maintenance) that 'is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit.' H appealed.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.