context: It also overlooked the reality that, in most actions involving child support, "the 'parties' to the enumerated actions will be the parents of the child," though it is the best interests of the child that is being litigated. Thus, in determining whether attorney fees are nondischargeable under SS 523(a)(5), the bankruptcy court should have focused on the character of the underlying proceedings, not who was to have been paid the attorney fees, since the putative beneficiary of the award is, in fact, the child.
citation_a.signal: cf.
citation_a.identifier: 133 B.R. 145, 147
citation_a.parenthetical: disparity between financial condition of parties not dispositive of whether an obligation is support
citation_a.sentence: See In re Poe, 118 B.R. at 811 (attorney fees awarded in the course of divorce decrees or related litigation generally take on the character of the litigation involved); cf. Hayden v. Farrell (In re Farrell), 133 B.R. 145, 147 (Bankr.S.D.Ind.1991) (disparity between financial condition of parties not dispositive of whether an obligation is support).
citation_b.signal: see
citation_b.identifier: 118 B.R. 811, 811
citation_b.parenthetical: attorney fees awarded in the course of divorce decrees or related litigation generally take on the character of the litigation involved
citation_b.sentence: See In re Poe, 118 B.R. at 811 (attorney fees awarded in the course of divorce decrees or related litigation generally take on the character of the litigation involved); cf. Hayden v. Farrell (In re Farrell), 133 B.R. 145, 147 (Bankr.S.D.Ind.1991) (disparity between financial condition of parties not dispositive of whether an obligation is support).