Marvin v. Marvin

Court of Appeals of Virginia · 2008 · Family Law

659 S.E.2d 579 (2008)

Updated August 1, 2026

Family Lawcohabitation contractsbankruptcy dischargechild visitationattorneys' fees11 U.S.C. § 523(a)(5)11 U.S.C. § 101(14A)domestic support obligation

Facts

After the parties' divorce, mother had sole legal and primary physical custody, and the court entered an amended visitation order by agreement. Mother later sought contempt and attorneys' fees, alleging that father violated the visitation order by returning the child late on two occasions without consent or communication, and on one occasion the child missed a day of school. The trial court found father in contempt and awarded mother attorneys' fees. Father then filed for Chapter 7 bankruptcy and listed mother as a creditor for those fees, after which the trial court ruled that the fee award was not discharged because it was in the nature of custody, visitation, and support of the minor child.

Issue

Whether attorneys' fees awarded to a parent in contempt proceedings based on the other parent's violations of a child visitation order are "in the nature of support" and therefore excepted from discharge as a domestic support obligation under 11 U.S.C. § 523(a)(5). Also, whether the trial court had jurisdiction to decide that dischargeability question.

Rule

State and bankruptcy courts have concurrent jurisdiction to determine exceptions to discharge under 11 U.S.C. § 523(a), including § 523(a)(5). A debt qualifies as a domestic support obligation under 11 U.S.C. § 101(14A) if it is owed to or recoverable by the parent of the debtor's child, is in the nature of support of the child or parent even if not expressly so designated, is established by court order, and has not been assigned to a nongovernmental entity except as permitted. Attorneys' fees that are inextricably intertwined with proceedings affecting the welfare of the child, such as custody and visitation, are in the nature of support and are nondischargeable.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Richmond, a family court ordered Nolan Pierce to pay Kara Pierce's attorney's fees after finding him in contempt for repeatedly violating a parenting-time exchange order concerning their ten-year-old child. Nolan later received a Chapter 7 discharge and argued that only the bankruptcy court could decide whether the fee award survived discharge.

Which is the best answer regarding the family court's authority?

Explanation. The majority held that state courts and bankruptcy courts have concurrent jurisdiction to determine exceptions to discharge under § 523(a), including § 523(a)(5). Thus, a family court may decide whether a fee award tied to child-visitation enforcement is a domestic support obligation.