context: That is also fundamental objective upon which the award of sanctions .under SS 14-10-129.5 is based. See Colo.Rev.Stat. SS 14-10-129.5(2)(b) ("the court, in the best interests of the child, may issue orders which may include ... [modifying the previous order to meet the best interests of the child ... [and] [ajwarding to the aggrieved party, where appropriate, actual expenses ... ") (emphasis added). Under these circumstances, most courts hold that fees "inextricably intertwined with proceedings affecting the welfare of the child," such as custody and visitation, should be deemed support.
citation_a.signal: cf.
citation_a.identifier: 94 B.R. 373, 379
citation_a.parenthetical: dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable
citation_a.sentence: In re Peters, 133 B.R. at 295; see also Dellapa v. Vazquez (In re Vazquez), 92 B.R. 533, 535 (S.D.Fla.1988) (fees awarded in litigation over visitation, custody, contempt and child support nondischargeable); In re Farrell, 133 B.R. at 147-48 (holding nondis-chargeable fees imposed in part to punish debtor for disobeying court order in proceeding to compel return of child); In re Poe, 118 B.R. at 812 (fees incurred in child custody litigation exempt from discharge); York v. Castro (In re Castro), 74 B.R. 38, 39-40 (Bankr.M.D.Fla.1987) (attorney fees and litigation expenses relating to debtor’s abduction of child and denial of visitation rights held nondischargeable); Hicks v. Hicks (In re Hicks), 65 B.R. 227, 229 (Bankr.D.N.M.1986) (denying discharge of debt for fees awarded in dispute to recover child from debtor who violated custody order); Rose v. Gedeon (In re Gedeon), 31 B.R. 942, 945 (Bankr.D.Colo.1983) (former wife’s fees in pursuing custody considered support); cf. Judge v. Schmiel (In re Schmiel), 94 B.R. 373, 379 (Bankr.E.D.Pa.1988) (dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable).
citation_b.signal: see also
citation_b.identifier: 74 B.R. 38, 39-40
citation_b.parenthetical: attorney fees and litigation expenses relating to debtor's abduction of child and denial of visitation rights held nondischargeable
citation_b.sentence: In re Peters, 133 B.R. at 295; see also Dellapa v. Vazquez (In re Vazquez), 92 B.R. 533, 535 (S.D.Fla.1988) (fees awarded in litigation over visitation, custody, contempt and child support nondischargeable); In re Farrell, 133 B.R. at 147-48 (holding nondis-chargeable fees imposed in part to punish debtor for disobeying court order in proceeding to compel return of child); In re Poe, 118 B.R. at 812 (fees incurred in child custody litigation exempt from discharge); York v. Castro (In re Castro), 74 B.R. 38, 39-40 (Bankr.M.D.Fla.1987) (attorney fees and litigation expenses relating to debtor’s abduction of child and denial of visitation rights held nondischargeable); Hicks v. Hicks (In re Hicks), 65 B.R. 227, 229 (Bankr.D.N.M.1986) (denying discharge of debt for fees awarded in dispute to recover child from debtor who violated custody order); Rose v. Gedeon (In re Gedeon), 31 B.R. 942, 945 (Bankr.D.Colo.1983) (former wife’s fees in pursuing custody considered support); cf. Judge v. Schmiel (In re Schmiel), 94 B.R. 373, 379 (Bankr.E.D.Pa.1988) (dependent child or spouse need only show scant nexus between their maintenance and support and fee award for award to be held nondischargeable).