In Re Kenneth I. Strickland, Debtor. Kenneth I. Strickland v. John Hugh Shannon, Lauren J. Strickland, 90 F.3d 444 (11th Cir. 1996). · Go Syfert
In Re Kenneth I. Strickland, Debtor. Kenneth I. Strickland v. John Hugh Shannon, Lauren J. Strickland, 90 F.3d 444 (11th Cir. 1996). Cases Citing This Book View Copy Cite
158 citation events (87 in the last 25 years) across 36 distinct courts.
Strongest positive: In re: Robert D. de St. Germain, Sr. and Stacy L. de St. Germain (alsb, 2025-11-20)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) In re: Robert D. de St. Germain, Sr. and Stacy L. de St. Germain
Bankr. S.D. Ala. · 2025 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996).
cited Cited as authority (rule) LAW OFFICES OF ROGER R MUNN JR LLC v. COLLINS
M.D. Ga. · 2024 · confidence medium
Strickland v. Shannon (In re Strickland), 90 F.3d 444, 447 (11th Cir. 1996).
cited Cited as authority (rule) Timothy Wayne Tarver
Bankr. S.D. Ala. · 2023 · confidence medium
Cummings v. Cummings, 244 F.3d 1263 , 1265 (11th Cir.2001); In re Strickland, 90 F.3d 444, 446 (11th Cir.1996); In re Harrell, 754 F.2d 902, 904 (11th Cir.1985).
cited Cited as authority (rule) Esther Elizabeth Collins
Bankr. M.D. Ga. · 2022 · confidence medium
Strickland v. Shannon (In re Strickland), 90 F.3d 444, 447 (11th Cir. 1996); Baskin & Baskin, P.C. v. Carlucci (In re Carlucci), Case No. R05-42458-PWB, Adv.
examined Cited as authority (rule) Sealock v. Portivent, esq. (7×) also: Cited "see"
Bankr. N.D. Ga. · 2021 · confidence medium
Distinguishing between what is a DSO and what is not is a question of federal bankruptcy law, although state law may provide guidance in determining whether an obligation is “in the nature of” support.14 The Eleventh Circuit has instructed that determination of whether a debt is in the nature of support requires the bankruptcy court to determine “nothing more than whether the support label accurately reflects that the obligation at issue is ‘actually in the nature of alimony, maintenance, or support.’” Strickland v. Shannon (In re Strickland), 90 F.3d 444, 446 (11th Cir. 1996) (quo…
cited Cited as authority (rule) Simpson v. Carter
Bankr. N.D. Ga. · 2021 · confidence medium
Strickland v. Shannon (In re Strickland), 90 F.3d 444, 447 (11th Cir. 1996).
discussed Cited as authority (rule) Crowder v. Wilbur (In re Wilbur) (2×)
Bankr. N.D. Ga. · 2017 · confidence medium
Strickland v. Shannon (In re Strickland), 90 F.3d 444, 447 (11th Cir. 1996).
discussed Cited as authority (rule) In re Ongaro (2×)
Bankr. D.N.M. · 2016 · confidence medium
Although federal law controls, state law “provide[s] guidance in determining whether the obligation should be considered ‘support’ under § 523(a)(5).” Cummings v. Cummings, 244 F.3d 1263 (11th Cir.2001), citing In re Strickland, 90 F.3d 444, 446 (11th Cir.1996).
discussed Cited as authority (rule) Lawrence v. Combs (In re Combs)
Bankr. E.D. Va. · 2016 · confidence medium
In re Johnson, 397 B.R. 289, 296 (Bankr.M.D.N.C.2008) (citing Strickland v. Shannon (In re Strickland), 90 F.3d 444, 446 (11th Cir.1996); Yeates v. Yeates (In re Yeates), 807 F.2d 874 (10th Cir.1986); Long v. West (In re Long), 794 F.2d 928 (4th Cir.1986); Adams v. Council, Baradel, Kosmerl & Nolan, P.A.
discussed Cited as authority (rule) Baldwin v. Phillips (In re Phillips)
Bankr. D.N.M. · 2014 · confidence medium
Although federal law controls, state law “provide[s] guidance in determining whether the obligation should be considered ‘support’ under § 523(a)(5).” Cummings v. Cummings, 244 F.3d 1263 (11th Cir.2001), citing In re Strickland, 90 F.3d 444, 446 (11th Cir.1996).
discussed Cited as authority (rule) Rackley v. Rackley (In re Rackley) (2×) also: Cited "see, e.g."
Bankr. N.D. Ga. · 2013 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996).
discussed Cited as authority (rule) In re Bub
Bankr. E.D.N.Y. · 2013 · confidence medium
LEXIS 12900, at *4-9 (4th Cir. June 18, 1998); Strickland v. Shannon (In re Strickland), 90 F.3d 444, 445-47 (11th Cir.1996); Holliday v. Kline (In re Kline), 65 F.3d 749, 751 (8th Cir.1995); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1488-89 (10th Cir.1995); Dvorak v. Carlson (In re Dvorak), 986 F.2d 940, 941 (5th Cir.1993); Giana-kas v. Gianakas (In re Gianakas), 917 F.2d 759, 763-64 (3d Cir.1990); In re Seibert, 914 F.2d 102, 104-07 (7th Cir.1990); Calhoun v. Long (In re Calhoun), 715 F.2d 1103, 1107 (6th Cir.1983).
discussed Cited as authority (rule) Patrick Rugiero v. Antonietta Dinardo
6th Cir. · 2012 · confidence medium
Eden v. Robert A. Chapski, Ltd., 405 F.3d 582, 588 (7th Cir.2005); In re Lowther, 321 F.3d 946, 948 (10th Cir.2002); In re Maddigan, 312 F.3d 589, 595-97 (2d Cir.2002) (Sotomayor, J.); In re Chang, 163 F.3d 1138 , 1141 (9th Cir.1998); Macy v. Macy, 114 F.3d 1, 2 (1st Cir.1997); In re Hudson, 107 F.3d 355 , 357 (5th Cir.1997); In re Strickland, 90 F.3d 444, 447 (11th Cir.1996); In re Kline, 65 F.3d 749, 751 (8th Cir.1995); In re Silansky, 897 F.2d 743, 744 (4th Cir.1990) (per curiam).
cited Cited as authority (rule) In Re: Todd Benson, Todd Benson v. Sally Benson
11th Cir. · 2011 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996). 3 .
cited Cited as authority (rule) In Re Lopez
Bankr. S.D. Florida · 2009 · confidence medium
Strickland v. Shannon (In re Strickland), 90 F.3d 444, 446 (11th Cir.1996).
discussed Cited as authority (rule) In Re Boller
Bankr. E.D. Tenn. · 2008 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996); Harrell v. Harrell (In re Harrell), 754 F.2d 902, 905 (11th Cir.1985); In re Durrance, 357 B.R. 673, 678 (Bankr.M.D.Ga.2005)(citing Cummings v. Cummings, 244 F.3d 1263 , 1265 (11th Cir.2001)).
cited Cited as authority (rule) Bell v. Bell
Bankr. M.D. Ala. · 2006 · confidence medium
Cummings v. Cummings, 244 F.3d 1263 , 1265 (11th Cir.2001) (citing Strickland v. Shannon (In re Strickland), 90 F.3d 444, 446 (11th Cir.1996)).
cited Cited as authority (rule) Hall v. Bowers
Bankr. M.D. Fla. · 2006 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996).
discussed Cited as authority (rule) Wiggins v. Wilson (In Re Wilson)
Bankr. M.D. Fla. · 2006 · confidence medium
“Because federal law, rather than state law, controls our inquiry, a domestic obligation can be deemed actually in the nature of support under § 523(a)(5) even if it is not considered ‘support’ under state law.” In re Strickland, 90 F.3d 444, 446 (11th Cir.1996).
cited Cited as authority (rule) Mellor v. Washuta (In Re Mellor)
Bankr. M.D. Fla. · 2006 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996) (citing In re Harrell, 754 F.2d 902, 906 (11th Cir.1985)).
cited Cited as authority (rule) Cantwell v. Bearden (In Re Bearden)
Bankr. N.D. Ill. · 2005 · confidence medium
Strickland v. Shannon (In re Strickland), 90 F.3d 444, 447 (11th Cir.1996).
discussed Cited as authority (rule) Klass v. Klass
Md. · 2003 · confidence medium
See In re Spong, 661 F.2d 6, 11 (2nd Cir.1981); In re Silansky 897 F.2d 743, 745 (4th Cir.1990); In re Kline, 65 F.3d 749 (8th Cir.1995); In re Strickland, 90 F.3d 444, 447 (11th Cir.1996); In re Moon, 211 B.R. 483 (S.D.N.Y.1997) (order holding debtor in contempt for *28 wilful failure to pay fees of debtor’s wife in nature of spousal support and not subject to § 362 stay).
discussed Cited as authority (rule) Drewell v. Smith (In Re Smith)
Bankr. N.D. Fla. · 2002 · confidence medium
This is a matter of federal law, although state law provides guidance in determining whether the obligation should be considered in the nature of “support.” Strickland v. Shannon (In re Strickland), 90 F.3d 444, 446 (11th Cir.1996).
cited Cited as authority (rule) Butler v. Butler (In Re Butler)
Bankr. M.D. Ga. · 2002 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996).
discussed Cited as authority (rule) Lowther v. Lowther (In Re Lowther)
10th Cir. BAP · 2001 · confidence medium
See, e.g., Stark v. Bishop (In re Bishop), No. 97-2151, 1998 WL 325950 , at *3 (4th Cir. June 18,1998) (per curiam); Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1141 (9th Cir.1998); Strickland v. Shannon (In re Strickland), 90 F.3d 444, 447 (11th Cir.1996); Dvorak v. Carlson (In re Dvorak), 986 F.2d 940, 941 (5th Cir.1993); Peters v. Hennenhoeffer (In re Peters), 964 F.2d 166, 167 (2d Cir.1992) (per curiam), aff'g 133 B.R. 291, 296-97 (S.D.N.Y.1991).
discussed Cited as authority (rule) Archer v. Archer (In Re Archer) (2×) also: Cited "see, e.g."
Bankr. M.D. Ga. · 2001 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996).
cited Cited as authority (rule) Pino v. Pino (In Re Pino)
Bankr. W.D. Tex. · 2001 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir. 1996); In re Tatge, 212 B.R. 604, 608 (8th Cir.BAP1997); H.R.
cited Cited as authority (rule) Coker v. Coker (In Re Coker)
Bankr. M.D. Fla. · 2001 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir. 1996).
discussed Cited as authority (rule) Smith v. Smith (In Re Smith)
Bankr. M.D. Fla. · 2001 · confidence medium
“Whether a given debt is in the nature of support is an issue of federal law.” Id.; Strickland v. Shannon (In re Strickland), 90 F.3d 444, 446 (11th Cir.1996); Rosin Law Offices, P.A. v. Lapsley (In re Lapsley), 230 B.R. 633, 637 (Bankr.M.D.Fla.1999).
cited Cited as authority (rule) Susan Cummings v. Lawrence B. Cummings
11th Cir. · 2001 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996).
cited Cited as authority (rule) Susan Cummings v. Lawrence B. Cummings
11th Cir. · 2001 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir. 1996).
cited Cited as authority (rule) Cummings v. Cummings
11th Cir. · 2001 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996).
cited Cited as authority (rule) Linda Parnham v. Wayne Parnham
Tenn. Ct. App. · 2001 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir. 1996).
discussed Cited as authority (rule) Cibula v. Ackerman (In Re Ackerman)
Bankr. M.D. Fla. · 2000 · confidence medium
While at times the courts will consider the intent of the parties concerning the nature and the character of an obligation In re Strickland, 90 F.3d 444, 446 (11th Cir.1996), it is clear that a court is not bound by such an agreement even if one was actually entered into between the parties.
cited Cited as authority (rule) Hoogewind v. Hendricks (In Re Hendricks)
Bankr. M.D. Fla. · 2000 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996), citing In re Jones, 9 F.3d 878, 880 (10th Cir.1993).
discussed Cited as authority (rule) Olszewski v. Joffrion (In Re Joffrion)
M.D. Ala. · 1999 · confidence medium
In In re Strickland, 90 F.3d 444, 447 (1996), for example, the Eleventh Circuit Court of Appeals held that an attorney’s fee award arising from a post-divorce custody action was nondischargeable support under § 523(a)(5), in part because, under Florida law, the award was based on the former spouse’s inability to pay the fees herself.
cited Cited as authority (rule) Tarbox v. Tarbox (In Re Tarbox)
Bankr. S.D. Florida · 1999 · confidence medium
Strickland v. Shannon (In re Strickland), 90 F.3d 444, 446 (11th Cir.1996) (citing In re Harrell, 754 F.2d 902, 904-05 (11th Cir.1985)).
cited Cited as authority (rule) Castillo v. Prater (In Re Prater)
Bankr. M.D. Fla. · 1999 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996), In re Wester, 187 B.R. 358, 361 (Bankr.M.D.Fla.1995) (citing In re Garrard 151 B.R. 598, 601 (Bankr.M.D.Fla.1993)).
discussed Cited as authority (rule) Rosin Law Offices, P.A. v. Lapsley (In Re Lapsley)
Bankr. M.D. Fla. · 1999 · confidence medium
Strickland v. Shannon (In re Strickland), 90 F.3d 444, 446-47 (11th Cir.1996); Smallwood v. Finlayson (In re Finlayson), 217 B.R. 666, 669 (Bankr.S.D.Fla.1998); Konicki v. Kelly (In re Konicki), 208 B.R. 572, 574 (Bankr.M.D.Fla.1997); Hall v. Hall (In re Hall), 119 B.R. 272, 277 (Bankr.M.D.Fla.1990); Midnet v. Midnet (In re Midnet), 84 B.R. 776, 779 (Bankr.M.D.Fla.1988).
cited Cited as authority (rule) Berman v. Mobley (In Re Mobley)
Bankr. M.D. Fla. · 1998 · confidence medium
Strickland v. Shannon, 90 F.3d 444, 447 (11th Cir.1996).
discussed Cited as authority (rule) United States v. Viscome (2×)
11th Cir. · 1998 · confidence medium
Denalli, 90 F.3d at 444.
discussed Cited as authority (rule) Shea v. Shea (In Re Shea)
Bankr. D. Minn. · 1998 · confidence medium
See Holliday v. Kline (In re Kline), 65 F.3d 749, 750 (8th Cir.1995) (holding that award of attorney’s fees payable to ex-spouse’s attorney was nondisehargeable under § 523(a)(5) as in nature of support); Macy v. Macy, 114 F.3d 1, 2 (1st Cir.1997) (holding that “attorney’s fees and disbursements incurred in connection with the plaintiff’s efforts to collect alimony, maintenance, or child support are ... not dischargeable.”); Strickland v. Shannon (In re Strickland), 90 F.3d 444, 447 (11th Cir.1996) (“[W]e hold that an attorney fees award arising from a post-dissolution custody a…
cited Cited as authority (rule) Feldmann v. Feldmann (In Re Feldmann)
Bankr. N.D. Ga. · 1998 · confidence medium
Strickland v. Shannon (In Re Strickland), 90 F.3d 444, 446-47 (11th Cir.1996).
cited Cited as authority (rule) Belflower v. United States
11th Cir. · 1997 · confidence medium
Pursuant to the Supreme Court's holding in Lopez, this Court considered whether “the [Federles'] residence was used in any activity affecting interstate or foreign commerce.” Denalli, 90 F.3d at 444.
cited Cited as authority (rule) Smolinski v. Arnott (In Re Arnott)
Bankr. S.D. Florida · 1997 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996).
discussed Cited as authority (rule) Konicki v. Kelly (In Re Konicki) (2×) also: Cited "see"
Bankr. M.D. Fla. · 1997 · confidence medium
In re Strickland, 90 F.3d 444, 446 (11th Cir.1996).
cited Cited as authority (rule) Marquis v. Marquis (In Re Marquis)
Bankr. D. Me. · 1997 · confidence medium
This case is distinguishable from Strickland v. Shannon (In re Strickland), 90 F.3d 444, 446-47 (11th Cir.1996).
cited Cited as authority (rule) Stone v. Stone (In Re Stone)
Bankr. N.D. Ala. · 1996 · confidence medium
Strickland v. Shannon (In re Strickland), 90 F.3d 444, 446 (11th Cir.1996); Harrell v. Sharp (In re Harrell), 754 F.2d 902, 906 (11th Cir.1985).
discussed Cited "see" Brian C. Beasley (2×)
Bankr. N.D. Ala. · 2019 · signal: see · confidence high
See In re Strickland, 90 F.3d 444, 446 (11th Cir. 1996).
cited Cited "see" Mosely v. Mosely (In re Mosely)
Bankr. N.D. Ga. · 2017 · signal: see · confidence high
See Strickland v. Strickland (In re Strickland), 90 F.3d 444 (11th Cir. 1996). 12 As noted in Strickland, federal law, not state law, controls this question'.
Retrieving the full opinion text from the archive…
In Re Kenneth I. STRICKLAND, Debtor. Kenneth I. STRICKLAND, Plaintiff-Appellant,
v.
John Hugh SHANNON, Lauren J. Strickland, Defendants-Appellees
95-3346.
Court of Appeals for the Eleventh Circuit.
Aug 1, 1996.
90 F.3d 444
Matthew J. Kovachak, Lakeland, FL, for appellant., W. Gregory Golson, Stichter, Riedel, Blain & Prosser, Tampa, FL, for appellees.
Cox, Barkett, Bright.
Cited by 69 opinions  |  Published
BARKETT, Circuit Judge:

Kenneth Strickland (“debtor”) appeals from a district court order finding nondis-chargeable his $9,430.50 debt to his former spouse Lauren Strickland (“former spouse”) and her attorney for attorney fees resulting from the debtor’s failed attempt to modify child-custody and child-support provisions of a divorce judgment. Reversing the bankruptcy court, the district court found the debt nondischargeable under 11 U.S.C. § 523(a)(5) because it was in the nature of support for the minor child and/or the former spouse. We affirm.

I. BACKGROUND

A 1985 state court judgment dissolved the marriage of the debtor and his former[*446] spouse, and provided that parental responsibility for the minor child would be shared, that the child’s primary physical residence would be with the former spouse, and that the debtor would pay $200 per month in child support. The debtor later petitioned to modify the judgment so as to designate his home as the child’s primary residence, terminate his child support payments, and require the former spouse to pay child support. The state court denied the petition and ordered the debtor to pay $9,430.50 in attorney fees and costs incurred by the former spouse in defending against the petition.

Thereafter filing for bankruptcy, the debt- or filed a complaint seeking a determination that his debt for the attorney fees award was dischargeable under 11 U.S.C. § 523(a)(5), which provides that a debtor cannot be discharged from any debt to a “former spouse ... or child of the debtor ... for ... support of such spouse or child, in connection with a ... divorce decree or other order of a court of record.” The bankruptcy court allowed the discharge, holding as a matter of law that an obligation to pay attorney fees arising from a post-dissolution child-custody dispute does not constitute “support” under § 523(a)(5). The district court reversed, holding that an award for attorney fees relating to post-dissolution child-custody litigation involving child-support issues does constitute support under § 523(a)(5) and therefore is nondischargeable.

On appeal, the debtor argues that the district court improperly held as a matter of law that the attorney fees award constituted “support” under § 523(a)(5). He urges us to remand the case to the bankruptcy court for a determination of whether the award of attorney fees, in fact, constituted support for the minor child or the former spouse.

II. DISCUSSION

Under Chapter VII of the Bankruptcy Code, a debtor may obtain a general discharge “from all debts that arose before the date of the order for relief.” 11 U.S.C. § 727(b) (1994). The Code does not, however, discharge a debtor from any debt:

(5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, ... but not to the extent that—
* s¡s * * # #
(B) such debt includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance or support. ...

Id. § 523(a)(5).

The issue of whether the attorney fees award in this case constituted “support” within the meaning of § 523(a)(5) is a matter of federal law, which we review de novo. See In re Harrell, 754 F.2d 902, 904-05 (11th Cir.1985). In In re Harrell, we described the appropriate § 523(a)(5) inquiry as follows:

The language used by Congress in § 523(a)(5) requires bankruptcy courts to determine nothing more than whether the support label accurately reflects that the obligation at issue is “actually in the nature of alimony, maintenance, or support.” The statutory language suggests a simple inquiry as to whether the obligation can legitimately be characterized as support, that is, whether it is in the nature of support.

In re Harrell, 754 F.2d at 906 (emphasis in original). Because federal law, rather than state law, controls our inquiry, a domestic obligation can be deemed actually in the nature of support under § 523(a)(5) even if it is not considered “support” under state law. See id. at 905. Although state law does not control, it does provide guidance in determining whether the obligation should be considered in the nature of “support” under § 523(a)(5). In re Jones, 9 F.3d 878, 880 (10th Cir.1993).

As noted, the debtor in this case filed a petition in state court seeking to modify the minor child’s primary physical residence and the allocation of child support obligations. The state court denied these requests in toto and ordered him to pay his former spouse’s attorney fees. Under Florida law, a former spouse is entitled to an award of attorney[*447] fees in a modification action such as the one filed here based on relative need and ability to pay. See Fla.Stat. § 61.16(1) (1993); Hyatt v. Hyatt, 672 So.2d 74, 76 (Fla.Dist.Ct.App.1996). In awarding attorney fees to the former spouse, the state court therefore necessarily determined that she had a greater need and/or lesser ability to pay than did the debtor. Thus, the award of attorney fees can “legitimately be characterized as support,” In re Harrell, 754 F.2d at 906, for the former spouse and therefore is nondisehargeable under § 523(a)(5).

Nonetheless, relying on an Eighth Circuit case, the debtor argues that we should remand this ease so the bankruptcy court can determine the relative financial resources of the parties and/or whether the state court adequately considered them in awarding the fees to the former spouse, see Adams v. Zentz, 963 F.2d 197, 200 (8th Cir.1992) (holding that “[i]n deciding whether to characterize an award as maintenance or support the crucial issue is the function the award was intended to serve” and that “[t]his is a question of fact to be decided by the bankruptcy court”). As noted, however, we previously have held in this circuit that § 523(a)(5) requires nothing more than “a simple inquiry as to whether the obligation can legitimately be characterized as support.” In re Harrell, 754 F.2d at 906. Moreover, the “[djebtor’s attempt to expand the dischargeability issue into an assessment of the ongoing financial circumstances of the parties to a marital dispute would of necessity embroil federal courts in domestic relations matters which should properly be reserved to the state courts.” Id. at 907.

In light of the foregoing, we hold that an attorney fees award arising from a post-dissolution custody action constitutes “support” for the former spouse under 11 U.S.C. § 523(a)(5) where, as here, the award is based on ability to pay. In the absence of special circumstances showing otherwise from the record in the underlying proceedings, the district court properly determined that the debt in this case is not dischargeable.

III. CONCLUSION

For the foregoing reasons, the judgment of the district court is AFFIRMED.