41 Collier bankr.cas.2d 305, Bankr. L. Rep. P 77,859, 98 Cal. Daily Op. Serv. 9385, 99 Cal. Daily Op. Serv. 9385, 98 Daily Journal D.A.R. 13,101, 3 Cal. Bankr. Ct. Rep. 30 in Re Amy Chang, Debtor. Aleta Beaupied George O. Ting v. Amy Chang, 163 F.3d 1138 (9th Cir. 1998). · Go Syfert
41 Collier bankr.cas.2d 305, Bankr. L. Rep. P 77,859, 98 Cal. Daily Op. Serv. 9385, 99 Cal. Daily Op. Serv. 9385, 98 Daily Journal D.A.R. 13,101, 3 Cal. Bankr. Ct. Rep. 30 in Re Amy Chang, Debtor. Aleta Beaupied George O. Ting v. Amy Chang, 163 F.3d 1138 (9th Cir. 1998). Cases Citing This Book View Copy Cite
“fees paid to third parties on behalf of a child or former spouse can be as much for . . . support as payments made directly to . . . . we hold in the instant case that the identity of the payee is less important than the nature of the debt.”
227 citation events (196 in the last 25 years) across 50 distinct courts.
Strongest positive: Mike Terance Tracy (idb, 2021-09-09) · Strongest negative: In re: Ara Eric Hunanyan (bap9, 2022-07-26)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" In re: Ara Eric Hunanyan
9th Cir. BAP · 2022 · signal: but see · confidence high
But see Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140-42 (9th Cir. 1998) (focusing on the nature of the debt instead of the identity of the payee); Bendetti v. Gunness (In re Gunness), 505 B.R. 1, 5-6 (9th Cir. BAP 2014) (following Chang).
examined Cited as authority (verbatim quote) Mike Terance Tracy (2×) also: Cited as authority (rule)
Bankr. D. Idaho · 2021 · quote attribution · 1 verbatim quote · confidence high
fees paid to third parties on behalf of a child or former spouse can be as much for . . . support as payments made directly to . . . . we hold in the instant case that the identity of the payee is less important than the nature of the debt.
discussed Cited as authority (verbatim quote) Aldrich v. Papi (In Re Papi)
Bankr. N.D. Ill. · 2010 · quote attribution · 1 verbatim quote · confidence high
fees paid to third parties on behalf of a child or former spouse can be as much for ... support as payments made directly to
discussed Cited as authority (verbatim quote) Levin v. Greco
N.D. Ill. · 2009 · quote attribution · 1 verbatim quote · confidence high
that the identity of the payee is less important than the nature of the debt.
cited Cited as authority (rule) In Re Josefina Lopez
C.D. Cal. · 2023 · confidence medium
“Mixed questions of law and fact are reviewed de novo.” Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998).
examined Cited as authority (rule) Rita Katherine Luetkenhaus (3×)
Bankr. D. Or. · 2023 · confidence medium
In the 2007 memorandum in Rehkow v. Lewis (In re Rehkow),58 the 53 163 F.3d at 1140 (emphasis added). 54 Chang, 163 F.3d at 1141. 55 Jones, 9 F.3d at 882. 56 Chang, 163 F.3d at 1140–41. 57 Chang, 163 F.3d at 1141 (brackets in original). 58 239 F. App’x 341 (9th Cir. 2007).
discussed Cited as authority (rule) In Re Debtor Peter Brown Kleidman
C.D. Cal. · 2022 · confidence medium
“Mixed questions of law and fact are reviewed de novo.” Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998). “[A] finding is ‘clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been committed.” Anderson v. City of Bessemer, 470 U.S. 564, 573 (1985) (quoting United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948)); see also Savage v. Greene (In re Greene), 583 F.3d 614, 618 (9th Cir. 2009).
cited Cited as authority (rule) In Re: Jeanette Aguilar
C.D. Cal. · 2021 · confidence medium
“Mixed questions of law and fact are reviewed de novo.” Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir. 1998).
discussed Cited as authority (rule) In Re: TBH19 LLC
C.D. Cal. · 2021 · confidence medium
“Mixed questions of law and fact are reviewed de novo.” Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998). “[A] finding is ‘clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been committed.” Anderson v. City of Bessemer, 470 U.S. 564, 573 (1985) (quoting United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948)); see also Savage v. Greene (In re Greene), 583 F.3d 614, 618 (9th Cir. 2009).
discussed Cited as authority (rule) In Re Debtor Jeanette Aguilar
C.D. Cal. · 2020 · confidence medium
“Mixed questions of law and fact are reviewed de novo.” Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998). “[A] finding is ‘clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been committed.” Anderson v. City of Bessemer, 470 U.S. 564, 573 (1985) (quoting United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948)); see also Savage v. like a lien”; (4) “is the discharge judgment res judicata”; (5) “[h]as the property at 9069 Mandarin Ln Riv…
cited Cited as authority (rule) Erik Sundquist v. Dennise Henderson
9th Cir. · 2020 · confidence medium
We review the bankruptcy court’s decision independently, Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir. 1998), and we affirm.
discussed Cited as authority (rule) In re: Raymond Henry Voss, III (2×) also: Cited "see"
9th Cir. BAP · 2020 · confidence medium
This was “a factual determination made by the bankruptcy court as a matter of federal bankruptcy law.” Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir. 1998).
discussed Cited as authority (rule) In Re: Charlotte Dial
C.D. Cal. · 2020 · confidence medium
“Mixed questions of law and fact are reviewed de novo.” Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998). “[A] finding is ‘clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been committed.” Anderson v. City of Bessemer, 470 U.S. 564, 573 (1985) (quoting United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948)); see also Savage v. Greene (In re Greene), 583 F.3d 614, 618 (9th Cir. 2009).
discussed Cited as authority (rule) Eduardo L. Sarria and Heather R. Sarria - Adversary Proceeding
Bankr. D. Idaho · 2019 · signal: cf. · confidence medium
In order to avoid unjustifiably impairing a debtor’s fresh start, [the Ninth Circuit has] held that the exception “should be construed strictly against creditors and in favor of debtors.” Klapp v. Landsman (In re Klapp), 706 F.2d 998, 999 (9th Cir. 1983); cf. Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir. 1998) (discussing the competing policies of “fresh start” and enforcement of domestic support obligations embodied in § 523(a)(5)).
cited Cited as authority (rule) Hurst v. HURST
Bankr. D. Ariz. · 2019 · confidence medium
Ariz. Aug. 24, 2007) (citing See In re Chang, 17 163 F.3d at 1141; In re Catlow, 663 F.2d 960 ; In re Jarski, 301 B.R. at 347 ).
cited Cited as authority (rule) Sato v. Hanlon (In re Hanlon)
Bankr. D. Or. · 2016 · confidence medium
Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1141 (9th Cir. 1998).
examined Cited as authority (rule) Rivera v. Orange County Probation Department (In Re Rivera) (7×) also: Cited "see"
9th Cir. · 2016 · confidence medium
Compare also, e.g., In re Linn, 38 B.R. 762, 762 (9th Cir. BAP 1984) (debt arising from a “court appointed attorney and psychiatrist for [a] minor child” in a custody proceeding is not a DSO because it is owed to a government entity); with Chang, 163 F.3d at 1141 (debt arising from a court appointed guardian ad litem and neutral mental health expert in a custody proceeding is a DSO because it is in the nature of child support).
cited Cited as authority (rule) Gronlund v. Anderson (In Re Gronlund)
9th Cir. · 2016 · confidence medium
Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir. 1998).
examined Cited as authority (rule) In re Cohen (3×)
C.D. Cal. · 2015 · confidence medium
In re Chang, 163 F.3d at 1140. “[T]he question whether a debt meets the statutory requirement for being in the nature of support is a factual determination of the bankruptcy court, and as such is subject to reversal only if clearly erroneous.” In re Maddigan, 312 F.3d 589, 595 (2d Cir.2002) (citation omitted).
discussed Cited as authority (rule) In re: David W. Cantarella
9th Cir. BAP · 2015 · confidence medium
Taylor v. Taylor 3 (In re Taylor), 478 B.R. 419, 428 (10th Cir. BAP 2012); Bendetti v 4 Gunness (In re Gunness), 505 B.R. 1, 5 (9th Cir. BAP 2014). 5 Second, the nature of the debt may be determinative. 6 Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1141 (9th Cir. 7 1998)(court focused not on the status of the father as a spouse or 8 former spouse of the mother, but rather, on whether the debt 9 constituted a support obligation to the daughter, payable to the 10 unwed mother and guardian ad litem).
discussed Cited as authority (rule) In re: David W. Cantarella
9th Cir. BAP · 2015 · confidence medium
Taylor v. Taylor 3 (In re Taylor), 478 B.R. 419, 428 (10th Cir. BAP 2012); Bendetti v 4 Gunness (In re Gunness), 505 B.R. 1, 5 (9th Cir. BAP 2014). 5 Second, the nature of the debt may be determinative. 6 Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1141 (9th Cir. 7 1998)(court focused not on the status of the father as a spouse or 8 former spouse of the mother, but rather, on whether the debt 9 constituted a support obligation to the daughter, payable to the 10 unwed mother and guardian ad litem).
discussed Cited as authority (rule) In re Moser (2×) also: Cited "see"
Bankr. D. Or. · 2015 · confidence medium
Chang, 163 F.3d at 1141.
cited Cited as authority (rule) Medina v. Vander Poel
E.D. Cal. · 2015 · confidence medium
“Mixed questions of law and fact are reviewed de novo.” Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998).
discussed Cited as authority (rule) Cotchett, Pitre & McCarthy v. Siller
E.D. Cal. · 2014 · confidence medium
The court reviews “ ‘the bankruptcy court’s findings of fact under the clearly erroneous standard[,] ... its conclusions of law de novo,’ ” Clinton v. Acequia, Inc. (In re Acequia, Inc.), 787 F.2d 1352, 1357 (9th Cir.1986) (quoting Ragsdale v. Haller, 780 F.2d 794, 795 (9th Cir.1986)), and “[m]ixed questions of law and fact ... de novo.” Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998).
discussed Cited as authority (rule) Rivera v. Orange County Probation Department (In Re Rivera) (2×) also: Cited "see, e.g."
9th Cir. BAP · 2014 · confidence medium
In re Leibowitz, 217 F.3d at 803 (holding that costs that benefitted the child were in the nature of support and nondis-chargeable); In re Chang, 163 F.3d at 1141 (holding court costs incurred for the benefit of a debtor’s child were support under § 523(a)(5)).
discussed Cited as authority (rule) In re: Maria G. Rivera (2×) also: Cited "see, e.g."
9th Cir. BAP · 2014 · confidence medium
In re Lebowitz, 217 F.3d at 803 (holding that costs 26 that benefitted the child were in the nature of support and nondischargeable); In re Chang, 163 F.3d at 1141 (holding court 27 costs incurred for the benefit of a debtor’s child were support under § 523(a)(5)).
discussed Cited as authority (rule) In re: Matthew Banks Ashworth
9th Cir. BAP · 2013 · confidence medium
Wis. 2008)). 11 And such a determination is a “factual determination made by the 12 bankruptcy court as a matter of federal bankruptcy law.” 13 Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir. 14 1998).
discussed Cited as authority (rule) In re: Adalberto Perez Jimenez
9th Cir. BAP · 2013 · confidence medium
The only issue in dispute 15 is whether the equalizing payment is “in the nature of alimony, 16 maintenance, or support.” 17 Whether a debt is actually in the nature of support is a 18 “factual determination made by the bankruptcy court as a matter 19 of federal bankruptcy law.” In re Chang, 163 F.3d at 1140.
cited Cited as authority (rule) In re: John A. Hamilton
9th Cir. BAP · 2013 · confidence medium
Beaupied v. 8 Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir. 1998).
cited Cited as authority (rule) In re: Havy Nguyen
9th Cir. BAP · 2012 · confidence medium
Beaupied v. Chang (In re 14 Chang), 163 F.3d 1138, 1140 (9th Cir. 1998). 15 V.
cited Cited as authority (rule) In re: Cornelius Leroy Lilly
9th Cir. BAP · 2012 · confidence medium
Beaupied v. Chang 12 (In re Chang), 163 F.3d 1138, 1140 (9th Cir. 1998).
discussed Cited as authority (rule) In Re Andrews
Bankr. W.D. Ark. · 2010 · confidence medium
Pre-BAPCPA, the rule in these exception to discharge cases was equally applicable to the issue of whether a claim was entitled to priority in a chapter 13 case because identical language was used to describe both the nondisehargeable debt under section 523(a)(5) and the claim entitled to priority under 507(a)(7). 3 Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1142 (9th Cir.1998)(recognizing that application of section 507(a)(7) should be coincidental with application of section 523(a)(5) because of identical language in the two statutes).
examined Cited as authority (rule) MacGibbon v. MacGibbon (In Re MacGibbon) (3×)
Bankr. W.D. Wash. · 2008 · confidence medium
Chang, 163 F.3d at 1140.
discussed Cited as authority (rule) Ghomeshi v. Sabban (In Re Sabban) (2×)
9th Cir. BAP · 2008 · confidence medium
Klapp v. Landsman (In re Klapp), 706 F.2d 998, 999 (9th Cir.1983); see also Snoke v. Riso (In re Riso), 978 F.2d 1151, 1154 (9th Cir.1992); Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998).
discussed Cited as authority (rule) Simon, Schindler & Sandberg, LLP v. Gentilini (In Re Gentilini) (2×)
Bankr. S.D. Florida · 2007 · confidence medium
See e.g., Falk & Siemer, LLP v. Maddigan (In re Maddigan), 312 F.3d 589, 594 (2d Cir.2002); Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1141 (9th Cir.1998); Hudson v. Raggio & Raggio, Inc. (Matter of Hudson), 107 F.3d 355, 357 (5th Cir.1997) (citing to and relying on Dvorak v. Carlson (Matter of Dvorak), 986 F.2d 940 (5th Cir.1993)); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1490 (10th Cir.1995) (citing to and relying on Jones v. Jones (In re Jones), 9 F.3d 878 (10th Cir.1993)).
cited Cited as authority (rule) Sankey v. ABCO Leasing, Inc. (In Re Sankey)
D. Alaska · 2004 · confidence medium
Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998). 7 .
cited Cited as authority (rule) Tsurukawa v. Nikon Precision, Inc. (In Re Tsurukawa)
9th Cir. BAP · 2002 · confidence medium
Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998).
discussed Cited as authority (rule) Smith v. Edwards & Hale, Ltd.
9th Cir. · 2002 · confidence medium
We apply the same standards of review that govern the district court’s review, Ting v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998), giving no deference to the district court’s decision, Harmon v. Kobrin (In re Harmon), 250 F.3d 1240, 1245 (9th Cir.2001).
discussed Cited as authority (rule) Smith v. Edwards & Hale, Ltd. (In re Smith)
9th Cir. · 2002 · confidence medium
We apply the same standards of review that govern the district court’s review, Ting v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998), giving no deference to the district court’s decision, Harmon v. Kobrin (In re Harmon), 250 F.3d 1240, 1245 (9th Cir.2001).
discussed Cited as authority (rule) Werthen v. Werthen (In Re Werthen)
1st Cir. BAP · 2002 · confidence medium
See, e.g., Sorah v. Sorah (In re Sorah), 163 F.3d 397, 400 (6th Cir.1998); Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998); Holliday v. Kline (In re Kline), 65 F.3d 749, 750 (8th Cir.1995); O’Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears v. Perlin (In re Perlin), 30 F.3d 39 , 40 (6th Cir.1994); Brody v. Brody (In re Brody), 3 F.3d 35, 38 (2d Cir.1993); Sampson v. Sampson (In re Sampson), 997 F.2d 717, 721 (10th Cir.1993).
cited Cited as authority (rule) United States ex rel. Internal Revenue Service v. Galletti
9th Cir. · 2002 · confidence medium
Id. (citing Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998)).
cited Cited as authority (rule) United States ex rel. Internal Revenue Service v. Galletti (In re Galletti)
9th Cir. · 2002 · confidence medium
Id. (citing Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998)).
discussed Cited as authority (rule) In Re James S. Hamada, Debtor. James S. Hamada v. Far East National Bank, a California Corporation (2×)
9th Cir. · 2002 · confidence medium
Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998).
cited Cited as authority (rule) Puget Sound Energy, Inc. v. Pacific Gas & Electric Co. (In Re Pacific Gas & Electric Co.)
N.D. Cal. · 2002 · confidence medium
In re Chang, 163 F.3d at 1140.
cited Cited as authority (rule) Han v. McGaw Property Management, Inc.
9th Cir. · 2002 · confidence medium
Co. (In re Ferrante), 51 F.3d 1473, 1476 (9th Cir.1995), and independently review the bankruptcy court’s rulings, Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998).
cited Cited as authority (rule) Arter & Hadden LLP v. Meronk
9th Cir. · 2001 · confidence medium
Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998).
cited Cited as authority (rule) Huarte v. Clark
9th Cir. · 2001 · confidence medium
Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998).
cited Cited as authority (rule) Law Offices of Wake v. Joint Official Committee of Unsecured Creditors
9th Cir. · 2001 · confidence medium
Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998), cert. denied, 526 U.S. 1149 , 119 S.Ct. 2029 , 143 L.Ed.2d 1039 (1999).
Retrieving the full opinion text from the archive…
41 Collier bankr.cas.2d 305, Bankr. L. Rep. P 77,859, 98 Cal. Daily Op. Serv. 9385, 99 Cal. Daily Op. Serv. 9385, 98 Daily Journal D.A.R. 13,101, 3 Cal. Bankr. Ct. Rep. 30 in Re Amy Chang, Debtor. Aleta Beaupied George O. Ting
v.
Amy Chang
97-16760.
Court of Appeals for the Ninth Circuit.
Dec 30, 1998.
163 F.3d 1138

163 F.3d 1138

41 Collier Bankr.Cas.2d 305, Bankr. L. Rep. P 77,859,
98 Cal. Daily Op. Serv. 9385,
99 Cal. Daily Op. Serv. 9385,
98 Daily Journal D.A.R. 13,101,
3 Cal. Bankr. Ct. Rep. 30
In re Amy CHANG, Debtor.
Aleta Beaupied; George O. Ting, Plaintiffs-Appellants,
v.
Amy Chang, Defendant-Appellee.

No. 97-16760.

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted Oct. 8, 1998.
Decided Dec. 30, 1998.

Kenneth R. Wachtel, Leland, Parachini, Steinberg, Matzger & Melnick, San Francisco, CA, for Plaintiff-Appellant Ting.

Brian J. McCaffrey, San Francisco, CA, for Plaintiff-Appellant Beaupied.

Michael Willemsen, Palo Alto, CA, for Defendant-Appellee Chang.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Ryan, Meyers, and Russell, Judges, Presiding. BAP No. NC-96-01296-RmRu.

Before: HUG, Chief Judge, FLETCHER, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

[*~1138]1

George O. Ting and Aleta Beaupied appeal a judgment of the Bankruptcy Appellate Panel ("BAP"), reversing a bankruptcy court judgment in Ting and Beaupied's favor. The BAP concluded that Chang's debts to Ting and Beaupied arising from a child custody proceeding were not owed to a "spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child," 11 U.S.C. § 523(a)(5) (1994 & Supp. IV 1998), and that Chang's debts to Ting and Beaupied were therefore dischargeable and not entitled to priority. We have jurisdiction under 28 U.S.C. § 158(d) (1994), and we reverse and remand.

2

* Background

3

Ting and Chang, respectively the out-of-wedlock father and mother of minor child Lindsay Chang, were embroiled in a bitter custody dispute over Lindsay, in which Beaupied was a court-appointed guardian ad litem to Lindsay. Chang accused Ting, falsely as it turned out, of sexually abusing Lindsay, requiring the expenditure of thousands of dollars in neutral experts' fees and health professionals' expenses to sort out the charges in court and for Lindsay's mental well-being. Under the California Family Code, Ting and Chang became responsible in the custody proceedings for these expenses and for Beaupied's guardian ad litem fees. At the conclusion of the custody proceedings, the court apportioned between Chang and Ting responsibility for nearly $100,000 in total expenses.

4

Because Ting had already paid much of the expense for the health professionals and neutral experts, the court order required Chang to reimburse Ting for the amounts paid in excess of his share. Chang was responsible to pay her share of the guardian ad litem fees directly to Beaupied.

5

Chang then filed for Chapter 13 bankruptcy and proposed a plan, which provided zero payment to unsecured creditors including Ting and Beaupied. Ting and Beaupied objected to the plan on the basis that Chang's debts were nondischargeable under § 523(a)(5). Ting and Beaupied also argued that the debts were entitled to priority under 11 U.S.C. § 507(a)(7) (Supp. IV 1998).

II

Standard of Review

[*~1139]6

We review the bankruptcy court's decision independently, without deference to the BAP. In re Saylor, 108 F.3d 219, 220 (9th Cir.1997). The standard of review is de novo for legal questions and clearly erroneous for factual questions. In re Bammer, 131 F.3d 788, 792 (9th Cir.1997) (en banc). Mixed questions of law and fact are reviewed de novo. Id.

III

Dischargeability

7

The § 523(a)(5) exception to discharge strikes a balance between competing policies. On the one hand, the goal of providing a "fresh start" to the bankrupt debtor requires that exceptions to discharge be confined to those plainly expressed. In re Klapp, 706 F.2d 998, 999 (9th Cir.1983). On the other hand, this court has recognized "an overriding public policy favoring the enforcement of familial obligations." Shaver v. Shaver, 736 F.2d 1314, 1316 (9th Cir.1984).

8

When determining whether a particular debt is within the § 523(a)(5) exception to discharge, a court considers whether the debt is "actually in the nature of ... support." Id. at 1316. This question is a factual determination made by the bankruptcy court as a matter of federal bankruptcy law. In re Sternberg, 85 F.3d 1400, 1405 (9th Cir.1996), rev'd on other grounds, In re Bammer, 131 F.3d 788 (9th Cir.1997) (en banc). A relevant factor for the bankruptcy court to consider when making this determination is how the particular state law characterizes the debt. In re Catlow, 663 F.2d 960, 962-63 (9th Cir.1981).

[*~1140]9

California law permits the state court to appoint and provide for the compensation of a guardian ad litem, neutral experts, and mental health professionals, in consideration of Lindsay's best interests. Cal. Fam.Code §§ 3150, 3153, 3190, 4062 (West 1994 & Supp.1998). The bankruptcy court considered the California law creating the debt and independently held that it created an obligation of support. In re Doe, 193 B.R. 12, 16 & n. 9 (Bankr.N.D.Cal.1996).

10

The bankruptcy court's well-reasoned conclusion finds support in this court's Catlow opinion, decided under the former 11 U.S.C. § 35(a)(7) (1976). In Catlow, attorney's fees awarded to the bankrupt's former spouse, incurred in a child custody proceeding, were nondischargeable as spousal support. 663 F.2d at 961, 963. The ex-spousal relationship at issue in Catlow does not distinguish that case from the instant case, because both the Bankruptcy Code and the former Act treat child support and spousal support as nondischargeable. The bankruptcy court did not clearly err in finding that Chang's debts to Ting and Beaupied are in the nature of Lindsay's support.

11

We next consider whether the identity of the payee requires affirming the BAP. The § 523(a)(5) exception to dischargeability applies on its face only to debts owed "to" a child or former spouse. In the instant case, the BAP held that because Beaupied's, the neutral experts', and the health professionals' fees were owed to individuals other than Lindsay, § 523(a)(5) did not apply. In re Chang, 210 B.R. 578, 583 (9th Cir. BAP 1997).

[*1141]12

Fees paid to third parties on behalf of a child or former spouse can be "as much for ... support as payments made directly to [the former spouse or child]." Catlow, 663 F.2d at 962-63. We hold in the instant case that the identity of the payee is less important than the nature of the debt. Thus, although Chang does not owe money directly to Lindsay, because Chang's debts to Ting and Beaupied are in the nature of support of Lindsay, they are nondischargeable.

13

Every circuit to consider this precise issue has held likewise. The Eighth Circuit,[1] in In re Kline, 65 F.3d 749, 751 (8th Cir.1995), specifically considered whether holdings under the prior Act remained vital under the Code. The Kline court held that "the statute continues to except from discharge attorney fees, even if payable to an attorney rather than to a former spouse, if such fees are in the nature of maintenance or support of the former spouse or of the child of the debtor." Id.

14

In In re Miller, 55 F.3d 1487, 1488 (10th Cir.1995), the Tenth Circuit asked whether guardian ad litem and psychologist fees, incurred in divorce and child custody proceedings and ordered to be paid directly to the guardian ad litem and psychologist, were dischargeable. The court held that the appropriate emphasis was on whether the debt was in the nature of support and not on the identity of the payee. Id. at 1490. In so holding, the Tenth Circuit rejected a lower court's plain-language interpretation that, similar to the one here, would have required the debt to be payable to the child or former spouse. Id. at 1488, 1490; see also In re Jones, 9 F.3d 878, 881-82 (10th Cir.1993) (holding that attorney's fees incurred in a custody action were nondischargeable under § 523(a)(5)).

15

In In re Dvorak, 986 F.2d 940, 941 (5th Cir.1993), the Fifth Circuit considered the dischargeability of a child's guardian ad litem fees and an ex-spouse's attorney's fees in a custody proceeding following a divorce. Noting that the hearing for which the fees were incurred was "clearly for [the child]' § benefit and support," the court held that a court-ordered obligation to pay the fees was nondischargeable under § 523(a)(5). Id.; see also In re Hudson, 107 F.3d 355, 357 (5th Cir.1997) (holding nondischargeable attorney's fees owed directly to an attorney from a paternity suit).

16

The Second Circuit, the first to consider this issue under the current Bankruptcy Code, looked to the legislative history of § 523(a)(5) to determine that the nature of the debt was more important than the identity of the payee. In re Spong, 661 F.2d 6, 9-10 (2d Cir.1981). The Spong debtor had been ordered to pay the former spouse's attorney's fees, and the court held that "it would be exalting form over substance to fail to treat appellee's agreement to pay his wife's counsel fee" as nondischargeable. Id. at 11.

IV

Priority Nature of the Debts

17

The Bankruptcy Code also grants priority to "allowed claims for debts to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child." § 507(a)(7) (Supp. IV 1998). This language is identical to that in § 523(a)(5), which creates the exception to discharge. We agree with the bankruptcy court's holding that application of § 507(a)(7) should be coincidental with application of § 523(a)(5). In re Doe, 193 B.R. at 15. In the instant case, Beaupied and Ting are entitled to priority in Chang's chapter 13 plan.

18

REVERSED and REMANDED.

1

The Eighth Circuit's Adams v. Zentz, 963 F.2d 197 (8th Cir.1992), decision does not contravene our holding today. The district court had held, as a matter of the relevant state law, that the child's best interests were not necessarily the dispositive consideration in a custody contest. Id. Further, the bankruptcy court had found that because neither parent posed a threat to the child's health or welfare, the debt to the former spouse's attorney arising from the custody battle was not in the nature of support. Id. at 200. In the instant case, by contrast, California law dictates that Lindsay's best interests control the appointment of a guardian ad litem, health professionals, and neutral experts. The bankruptcy court found as a factual matter that the expenses incurred were in the nature of support