Following a paternity lawsuit, a state court found John Richard Kemp, Jr., is the natural father of Melinda Williams’s son, Matthew. The court ordered Kemp to pay Williams for half of the birth expenses, necessities, and child support. Kemp filed a Chapter 7 bankruptcy petition, and Williams filed a complaint in the bankruptcy proceeding alleging the debt is nondischargeable under 11 U.S.C. § 523(a)(5), which states “a discharge ... does not discharge an individual debtor from any debt — to a spouse, former spouse, or child of the debtor, for ... support of such spouse or child, in connection with a[n] ... order of a court of record .” The bankruptcy court and bankruptcy appellate panel agreed the debt is nondischargeable.
See In re Kemp,
On appeal, Kemp argues § 523(a)(5) does not apply because he owes the debt to Williams and she is not his spouse, former spouse, or child. Section 523(a)(5) may apply even if the payee is not a spouse, former spouse, or child of the debtor, however.
See In re Kline,
