Mattingly v. Mattingly, 164 SW3d 518 (Ky.App., 2005)

Mattingly v. Mattingly, 164 SW3d 518 (Ky.App., 2005)
Obligation to pay college for a child over 18 was not dischargeable
in bankruptcy, even where mother failed to contest dischargeability
in Bankruptcy Court.

Father's obligation under Settlement Agreement to pay children's college expenses was not dischargeable in bankruptcy. KRS 405-020(1) did not preclude trial court from finding that father's obligation to pay for children's college expenses under Divorce Decree was in the nature of support, as parties are free to "agree otherwise" in writing. Nor does the mother's failure to challenge the discharge of the debt in the bankruptcy proceedings preclude her from bringing a claim in Family Court. Both state courts and federal courts have jurisdiction to determine dischargeability of an obligation.