Attorney fees awarded to establish child support obligations are non-dischargeable debts because they inure to the benefit of the child.
In a bankruptcy proceeding, a debtor challenges a state court judgment ordering him to pay attorney’s fees directly to a law firm representing his child’s mother in a paternity suit. The question presented is whether these fees constitute a support obligation excepted from discharge under 11 U.S.C. § 523(a)(5). The court applies the rule that exceptions to discharge are strictly construed against creditors and liberally in favor of debtors to ensure a fresh start. However, the court holds that fees incurred to establish child support obligations are non-dischargeable because they inure to the child’s benefit. The court rejects the argument that direct payment to the attorney constitutes an assignment to another entity, affirming the judgment that the debt is excepted from discharge.
At page 356 Strict construction of discharge exceptions in bankruptcy78 citing cases“intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.”
- Lowery, No. 3:25-ap-00107 (Bankr. M.D. Fla. Sept. 23, 2026).Laborers Pension Tr. for S. Cal., 508 U.S. 602, 622 (1993) (internal quotation omitted)). 278 Harris v. Jayo (In re Harris), 3 F.4th 1339, 1345 (11th Cir. 2021) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th…
- Ralls, No. 24-06047 (Bankr. E.D. Tex. Apr. 10, 2026).All exceptions to discharge under 11 U.S.C. § 523 “are strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 355,…
- Ralls, No. 24-06044 (Bankr. E.D. Tex. Apr. 10, 2026).All exceptions to discharge under 11 U.S.C. § 523 “are strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio 24 Collateral estoppel and issue…
- Garcia, No. 25-03017 (Bankr. W.D. Tex. Apr. 1, 2026).Tex. 2020) (quoting Norris v. Hearst Tr., 500 F.3d 454 , 461 n.9 (5th Cir. 2007)) (citing Cinel v. Connick, 15 F.3d 1338 , 1343 n.6 (5th Cir. 1994)). 18 Cowin v. Countrywide Home Loans, Inc. (In re Cowin), 864 F.3d 344, 349 (5th Cir. 2017)…
- Prasla, No. 23-04060 (Bankr. E.D. Tex. Mar. 30, 2026).Exceptions to discharge under 11 U.S.C. § 523 must be strictly construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
- Olson, No. 3:25-ap-00003 (Bankr. M.D. Fla. Mar. 19, 2026).Laborers Pension Tr. for S. Cal., 508 U.S. 602, 622 (1993) (internal quotation omitted)). 102 In re Harris, 3 F.4th at 1345 (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997); Gleason v. Thaw, 236 U.S…
- Rutan, No. 22-06000 (Bankr. N.D. Tex. Jan. 9, 2026).Burden of Proof Because the Bankruptcy Code provides the court shall grant a debtor a discharge unless a statutory exception applies, “exceptions [to discharge] are construed strictly against the creditor and liberally in favor of the debt…
- Triumphant Gold v. Matloff, No. 24-10439, 2025 WL 2848990 (5th Cir. Oct. 8, 2025).unpublishedAdditionally, the exceptions to discharge established by §§ 727(a) and 523(a) “are construed strictly against the creditor and liberally in favor of the debtor.” In re Duncan, 562 F.3d 688, 695 (5th Cir. 2009) (citing Hudson v. Raggio & Ra…
- White v. Salcedo, No. 23-04045 (Bankr. E.D. Tex. Sept. 9, 2025).All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d…
- Evans v. Marshall, No. 23-04072 (Bankr. E.D. Tex. Aug. 19, 2025).All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d…
Show 66 more citing cases
- White v. Marshall, No. 23-04082 (Bankr. E.D. Tex. Aug. 13, 2025).All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d…
- Carbaidwala v. Gerleman, No. 23-04022 (Bankr. E.D. Tex. July 25, 2025).All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” FNFS, Ltd. v. Harwood (In re Harwood), 637 F.3…
- Simmons v. Simmons, No. 24-01006 (Bankr. E.D. Tex. June 9, 2025).All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d…
- Lee v. Choi, No. 24-03047 (Bankr. N.D. Tex. Feb. 4, 2025).Harwood (In re Harwood), 637 F.3d 615, 619 (5th Cir. 2011) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)). 15 11 U.S.C. § 523 (a)(2)(A) (2018). default judgment was entered against Ms. Choi.
- Veritas Vincit, LLC v. Brown, No. 23-04047 (Bankr. E.D. Tex. Dec. 9, 2024).All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d…
- Chainy v. Smith, No. 22-02003 (Bankr. E.D. Tex. May 16, 2024).ECF No. 20 at 6 ¶ 13. -10- under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 3…
- Happy Hollow Ranch, LP v. Howley, No. 23-03068 (Bankr. N.D. Tex. Feb. 2, 2024).The State Court expressly held in its Conclusions of Law that Defendant “fraudulently fil[ed] false documents with the Texas Secretary of State,” and made “numerous false representations . . . to HH and Chuck and Nancy.”66 Plaintiffs have…
- Bell Nunnally & Martin LLP v. Kuper, No. 20-04062 (Bankr. N.D. Tex. Oct. 17, 2023).Bankr. P. 3002(a) and 3003(b)(1). 63 Packer, 816 F.3d at 91 (quoting Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)); see also Crumley, 428 B.R. at 356 .
- Guarantee Co. of North Am. USA v. Dowdy, No. 21-04060 (Bankr. E.D. Tex. Sept. 26, 2023).Id. (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997) ) In this proceeding, the Surety invokes § 727(a)(4) to deny the Debtor a discharge.
- ReMa Energy LLC v. Texas Permian Oil & Gas Co., No. 20-03131 (Bankr. N.D. Tex. Feb. 27, 2023).Id. (citing Hudson v. Raggio (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)).
- Robertson v. Murray, No. 20-00032 (Bankr. S.D. Miss. Jan. 18, 2023).Robertson Proved Willful and Malicious Injury Under § 523(a)(6). “[E]xceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudso…
- Warren v. Warren, No. 8:21-ap-00229 (Bankr. M.D. Fla. Dec. 6, 2022).Fla. Nov. 5, 2019) (citing Shotz v. City of Plantation, Fla. 344 F.3d 1161, 1164 (11th Cir. 2003)). 18 Harris v. Jayo (In re Harris), 3 F.4th 1339, 1345 (11th Cir. 2021) (quoting Grogan v. Garner, 498 U.S. 279, 284 (1991)). 19 Id. (quoting…
- Harrison, Jr v. Simon, No. 20-01041 (Bankr. M.D. La. Sept. 30, 2022).Tex. 2010) (citing Washington 1993, Inc. v. Hudson (In re Hudson), 420 B.R. 73, 100 (Bankr. N.D.N.Y. 2009) ("The denial of a discharge is one of the harshest and most punitive sanctions in bankruptcy, and must not be undertaken lightly."))…
- Coffman v. Deuel, No. 20-04014 (Bankr. E.D. Tex. June 22, 2022).All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d…
- C.H.P. v. Schwyhart, No. 21-10704 (5th Cir. May 19, 2022).unpublishedIt is “the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor.” Matter of Hudson, 107 F.3d 355, 356 (5th Cir. 1997).
- Neary v. Lindeman, No. 19-04103 (Bankr. N.D. Tex. Apr. 19, 2022).Tex. 2006). 126 Packer, 816 F.3d at 91 (quoting Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)); see also Benchmark Bank v. Crumley (In re Crumley), 428 B.R. 349, 356 (Bankr. N.D.
- Lou v. Ochello, No. 20-00027 (Bankr. S.D. Miss. Mar. 30, 2022).CONCLUSIONS OF LAW “[E]xceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107…
- A/C Supply, Inc. v. Botsay, No. 21-06001 (Bankr. S.D. Miss. Jan. 11, 2022).“The exceptions are construed strictly against the creditor and liberally in favor of the debtor.” Cadle Co. v. Duncan (In re Duncan), 562 F.3d 688, 695 (5th Cir. 2009) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355,…
- Am. Tech., Inc. v. Balistreri-Amrhein, No. 19-04077 (Bankr. E.D. Tex. Nov. 15, 2021).All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (In re Hudson), 107 F.3d 355,…
- South Louisiana Bank v. Hebert, Jr., No. 19-01123 (Bankr. E.D. La. Nov. 9, 2021).“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” I…
- Poddar v. Hamza-Haris, No. 19-04031 (Bankr. E.D. Tex. Sept. 17, 2021).All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d…
- Parkin v. Jamieson, No. 19-04073 (Bankr. E.D. Tex. Feb. 8, 2021).unpublished“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” F…
- Swift Fin., LLC Servicing Agent for WebBank e v. Opoku, No. 19-04064 (Bankr. E.D. Tex. Dec. 2, 2020).unpublishedAll exceptions to discharge under § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.”38 Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.…
- Davidson v. Havard, No. 20-01023 (Bankr. E.D. La. Nov. 13, 2020).“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” H…
- Ginger Leigh Havard, No. 19-12983 (Bankr. E.D. La. Nov. 13, 2020).“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” H…
- Davidson v. Havard, No. 20-01001 (Bankr. E.D. La. Nov. 12, 2020).“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” H…
- Clay v. Whitten, No. 19-00038 (Bankr. S.D. Miss. July 10, 2020).Tex. June 10, 2011); Fezler v. Davis (In re Davis), 194 F.3d 570 , 6 Hereinafter, all code sections refer to the Code found at Title 11 of the United State Code, unless otherwise noted. 573 (5th Cir. 1999); Hudson v. Raggio & Raggio, Inc.…
- Simmons v. Bohanna, Jr., No. 18-04065 (Bankr. E.D. Tex. Nov. 15, 2019).unpublishedFNFS, Ltd. v. Harwood (In re Harwood), 637 F.3d 615, 619 (5th Cir. 2011) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson)), 107 F.3d 355, 356 (5th Cir. 1997)). 10.
- Pool v. Winstead, No. 19-00013 (Bankr. S.D. Miss. Sept. 24, 2019).Miss. Feb. 4, 2011); Fezler v. Davis (In re Davis), 194 F.3d 570, 573 (5th Cir. 1999); Hudson v. Raggio &Raggio (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997); Jordan v. Se.
- Benchmark Bank v. Stapleton, No. 16-04083 (Bankr. E.D. Tex. July 26, 2019).unpublishedAll exceptions to discharge under §523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be -9- afforded a fresh start.”14 Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107…
- Benchmark Bank v. Stapleton, No. 16-04083 (Bankr. E.D. Tex. July 18, 2019).unpublishedAll exceptions to discharge under §523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.”14 Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3…
- Frost Bank v. Lawrence, No. 18-03220 (Bankr. N.D. Tex. July 3, 2019).For Frost Bank to recover on the promissory notes, it must prove: “(1) the note in question, (2) the 106 FNFS, Ltd. v. Harwood (In re Harwood), 637 F.3d 615,619 (5th Cir. 2011) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.…
- Bruce v. Long, No. 17-06007 (Bankr. E.D. Tex. Apr. 9, 2019).unpublishedAll exceptions to discharge under § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.”14 Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.…
- Hiner v. Koukhtiev (In re Koukhtiev), 576 B.R. 107 (Bankr. S.D. Tex. 2017).published“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the Debtor may be afforded a fresh start.” H…
- Charles Cowin v. Countrywide Home Loans, Inc., 864 F.3d 344 (5th Cir. 2017).published“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” H…
- McCloskey v. McCloskey (In re McCloskey), 659 F. App'x 196 (5th Cir. 2016).unpublished“Whether a particular debt is a support obligation, excepted from discharge under 11 U.S.C. § 523 (a)(5), is a question of federal bankruptcy law, not state law.” Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir.…
- Sonntag v. Prax (In re Sonntag), 115 F. App'x 680 (5th Cir. 2004).unpublished
- Cadle Co. v. Duncan (In re Duncan), 562 F.3d 688 (5th Cir. 2009).published
- David Harwood v. FNFS, Ltd., 637 F.3d 615 (5th Cir. 2011).published
- Rapid Settlements Ltd v. Scott Shcolnik, 670 F.3d 624 (5th Cir. 2012).published
- Loe, Warren, Rosenfield, Katcher, Hibbs, & Windsor, P.C. v. Brooks (In re Brooks), 371 B.R. 761 (Bankr. N.D. Tex. 2007).published
- Wallace v. Davis (In re Davis), 377 B.R. 827 (Bankr. E.D. Tex. 2007).published
- Cotton v. Derer (In re Derer), 400 B.R. 97 (Bankr. E.D. Tex. 2008).published
- Bell v. Claybrook (In re Claybrook), 385 B.R. 842 (Bankr. E.D. Tex. 2008).published
- Chance v. White (In re White), 265 B.R. 547 (Bankr. N.D. Tex. 2001).published
- Werthen v. Werthen (In re Werthen), 282 B.R. 553 (B.A.P. 1st Cir. 2002).published
- Eric D. Fein, P.C. v. Young (In re Young), 425 B.R. 811 (Bankr. E.D. Tex. 2010).published
- Alvarado Land Dev., Inc. v. Sewell (In re Sewell), 413 B.R. 562 (Bankr. E.D. Tex. 2009).published
- Lankford v. Drinkard (In re Drinkard), 245 B.R. 91 (Bankr. N.D. Tex. 2000).published
- Floody v. Kearney (In re Kearney), 433 B.R. 640 (Bankr. S.D. Tex. 2010).published
- Graham Mortg. Corp. v. Goff (In re Goff), 579 F. App'x 240 (5th Cir. 2014).unpublished
- Dekalb Cnty. Div. of Fam. & Child. Servs. v. Platter (In re Platter), 140 F.3d 676 (7th Cir. 1998).published
- Husky Int'l Elec., Inc. v. Ritz, 513 B.R. 510 (S.D. Tex. 2014).published
- Judgment Factors, L.L.C. v. Packer, 816 F.3d 87 (5th Cir. 2016).published
- S & S Food Corp. v. Sherali (In re Sherali), 490 B.R. 104 (Bankr. N.D. Tex. 2013).published
- Countrywide Home Loans, Inc. v. Cowin (In re Cowin), 492 B.R. 858 (Bankr. S.D. Tex. 2013).published
- Country Credit, LLC v. Martin (In re Martin), 513 B.R. 303 (Bankr. S.D. Miss. 2014).published
- Karr Plex, Ltd. v. Hollier (In re Hollier), 517 B.R. 671 (Bankr. W.D. La. 2014).published
- Interstate Plywood Co. v. Blankenship (In re Blankenship), 525 B.R. 629 (Bankr. N.D. Miss. 2015).published
- Light v. Whittington (In re Whittington), 530 B.R. 360 (Bankr. W.D. Tex. 2014).published
- Wright v. Minardi (In re Minardi), 536 B.R. 171 (Bankr. E.D. Tex. 2015).published
- Blalock v. Mississippi Dep't of Revenue (In re Blalock), 537 B.R. 284 (Bankr. S.D. Miss. 2015).published
- Higgins v. Nunnelee (In re Nunnelee), 560 B.R. 277 (Bankr. N.D. Miss. 2016).published
- Cowin v. Countrywide Home Loans, Inc. (In re Cowin), 538 B.R. 721 (S.D. Tex. 2015).published
- Trustmark Nat'l Bank v. Tegeler (In re Tegeler), 586 B.R. 598 (Bankr. S.D. Tex. 2018).published
- DMM Grp., Inc. v. Hanna (In re Hanna), 603 B.R. 571 (Bankr. S.D. Tex. 2019).published
At page 357 Determining scope of attorney fees in family law matters18 citing casesattorneys’ fees of non-spouse-mother of child in paternity action
- Simpson v. Carter, No. 21-05045 (Bankr. N.D. Ga. June 23, 2021).Tex. 2011) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 357 (5th Cir. 1997)).
- Davis, Matthews & Quigley, P.C. v. Elhag, No. 18-05180 (Bankr. N.D. Ga. Aug. 19, 2019).(attorneys’ fees of non-spouse-mother of child in paternity action)
- Jimmy W. Barber v. Nabors Drilling U.S.A., Inc., 130 F.3d 702 (5th Cir. 1997).published
- Egleston v. Egleston, 448 F.3d 803 (5th Cir. 2006).published
- Rogers v. Morin (In re Rogers), 189 F. App'x 299 (5th Cir. 2006).unpublished
- Robertson v. Fulton (In re Fulton), 236 B.R. 626 (Bankr. E.D. Tex. 1999).published
- Simon, Schindler & Sandberg, LLP v. Gentilini (In re Gentilini), 365 B.R. 251 (Bankr. S.D. Fla. 2007).published
- Williams v. Kemp (In re Kemp), 242 B.R. 178 (B.A.P. 8th Cir. 1999).published
- Mendez v. Mendez (In re Mendez), 275 B.R. 482 (Bankr. W.D. Pa. 2001).published
- Shea v. Shea (In re Shea), 221 B.R. 491 (Bankr. D. Minn. 1998).published
Show 8 more citing cases
- In re Advanced Sys., Inc., 257 B.R. 457 (E.D. La. 2001).published
- Levin v. Greco (In re Greco), 397 B.R. 102 (Bankr. N.D. Ill. 2008).published
- Melinda Williams v. John R. Kemp, Jr., No. 99-6045 (B.A.P. 8th Cir. Dec. 16, 1999).published
- Beaupied v. Chang (In re Chang), 163 F.3d 1138 (9th Cir. 1998).published
- Egleston v. Egleston, 342 F.3d 803 (5th Cir. 2006).published
- Hutton v. Ferguson (In re Hutton), 463 B.R. 819 (Bankr. W.D. Tex. 2011).published
- In re Miller, 501 B.R. 266 (Bankr. E.D. Pa. 2013).published
- In re Beacham, 520 B.R. 561 (Bankr. S.D. Tex. 2014).published
Other citing cases
- Marshall v. Marshall (In re Marshall), 489 B.R. 630 (Bankr. S.D. Ga. 2013).published
- Weisbart v. Siddiqi, No. 21-04077 (Bankr. E.D. Tex. Apr. 4, 2023).
v.
RAGGIO & RAGGIO, INC., Appellee
Appellant Scott Wesley Hudson (“Hudson”) appeals an order declaring that attorney’s fees awarded directly to an attorney in a Texas state court proceeding regarding Hudson’s financial responsibilities to his child are excepted from discharge in Bankruptcy pursuant to 11 U.S.C. § 523(a)(5). We affirm.
FACTS AND PROCEEDINGS BELOW
The bankruptcy court granted Appellee, Raggio & Raggio, Inc.’s (“Raggio”) motion for summary judgment, declaring that fees awarded directly to the Raggio law firm for representation of Hudson’s child’s mother in a state court paternity proceeding are excepted from discharge pursuant to 11 U.S.C. § 523(a)(5). The district court affirmed the bankruptcy court.
The child’s mother engaged Raggio to pursue a paternity and support suit in Texas state court. After extended pre-trial proceedings and a thirteen-day jury trial, the state court entered a final decree finding that Hudson was the father of the child and ordering him to pay certain amounts toward her support. It also included a judgment against Hudson for $100,000 of attorney’s fees, payable directly to Raggio. The decree specifically found the fees to be “reasonable and necessary to protect and defend the rights of the child and to provide for the support of the child, and further attributable to the fraud and the intentional (or malicious) conduct of Scott Wesley Hudson toward the child.”
STANDARD OF REVIEW
We review the grant of summary judgment de novo, applying the same criteria as the bankruptcy court. See Waggoner v. Garland, 987 F.2d 1160, 1163 (5th Cir.1993). Whether a particular debt is a support obligation, excepted from discharge under 11 U.S.C. § 523(a)(5) is a question of federal bankruptcy law, not state law. Hill v. Snider (In re Snider), 62 B.R. 382, 384 (Bankr. S.D.Tex.1986). Plaintiff Raggio has the burden of proving by a preponderance of the evidence that this debt is non-dischargeable. In re Bradford, 22 B.R. 899 (Bankr. W.D.Okla.1982). Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start. Murphy & Robinson Inv. Co. v. Cross (In re Cross), 666 F.2d 873, 880 (5th Cir.1982).
[*-1219] IS THE JUDGMENT FOR ATTORNEY’S FEES DISCHARGEABLE?
Hudson posits his position as a straightforward application of the plain meaning rule: the court must interpret an unambiguous statute according to its ordinary and contemporary common meaning. United States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 240-41, 109 S.Ct. 1026, 1030, 103 L.Ed.2d 290 (1989). Hudson contends that the plain language of § 523(a)(5) precludes summary judgment for Raggio. In pertinent part, § 523(a)(5) provides:
(a) A discharge under ... this title does not discharge an individual 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—
(A) such a debt is assigned to another entity....
Hudson argues that the plain language of § 523(a)(5)(A) does not include the judgment in question because Raggio is not the spouse, former spouse or child of the debtor. Our precedent precludes this argument. A court ordered obligation to pay attorney fees charged by an attorney that represents a child’s parent in child support litigation against the debtor is non-discharge-able. Dvorak v. Carlson (In re Dvorak), 986 F.2d 940, 941 (5th Cir.1993). Because the ultimate purpose of such a proceeding is to provide support for the child, the attorney fees incurred inure to her benefit and support, and therefore fall under the exception to dischargeability set out in § 523(a)(5). See id. Hudson further contends that because the fees are payable directly to Raggio, rather than to the child, the debt is “assigned to another entity” and is therefore discharge-able under subsection (A). We disagree with Hudson’s characterization of the order as an “assignment.” Rather, Raggio supplied a necessary service for the child and Hudson is responsible for paying that fee as part of his support obligation. See In re Williams, 703 F.2d 1055, 1057 (8th Cir.l983)(“Undertakings by one spouse to pay the other’s debts, including a debt to a lawyer for fees, can be ‘support’ for bankruptcy purposes.”); In re Gwinn, 20 B.R. 233, 234 (9th Cir. BAP 1982)(“A claim for attorney’s fees awarded to the debtor’s wife’s attorney in a divorce action is non-dischargeable ... even though the debt was payable directly to the attorney.”); In re Spong, 661 F.2d 6, 10 (2nd Cir.1981). This is no different from an obligation to pay medical bills incurred by a child directly to the care provider.
WERE FEES FOR SOMETHING OTHER THAN SUPPORT?
The above discussion assumes that Raggio’s services were correctly characterized by the bankruptcy court as necessary to provide support for the child. On appeal, Raggio argues that the fees were incurred at least partially for attorney’s services other than establishing Hudson’s child support obligation. He relies on a statement in the State Court Judgment that:
“All fees awarded in this judgment are and were reasonable and necessary to protect and defend the rights of the child and to provide for the support of the child, and further attributable to the fraud and the intentional (or malicious) conduct of Scott Wesley Hudson toward the child.”
Hudson contends that a genuine issue of material fact existed concerning what portion of the attorneys fees was attributable to the support obligation and which portion was attributable to the fraud arising from the termination of a Hudson Family Trust. Hudson failed to raise this argument before the bankruptcy court or the district court. Issues raised for the first time on appeal are reviewed only for plain error. McCann v. Texas City Refining, Inc., 984 F.2d 667, 673 (5th Cir.1993). This court may correct a plain error only if it seriously affected the “fairness, integrity, or public reputation” of the judicial proceedings. United States v. Calverley, 37 F.3d 160, 164 (5th Cir.1994)(en banc), cert. denied, — U.S.—, 115 S.Ct. 1266, 131 L.Ed.2d 145 (1995). Hudson’s argument inspires no such concerns. In addition to the support obligations in question,[*-1218] the Bankruptcy Code excepts from discharge various debts involving fraud, § 523(a)(2)(A), and “willful and malicious injury by the debt- or to another entity or to the property of another entity.” § 523(a)(6). The impact of these sections was not briefed or discussed by the parties in this court or below. Hudson cannot prevail on this issue, given the state of the record before this Court. He has not established either plain error or that the alleged error seriously affected the fairness, integrity or public reputation of these proceedings.
COLLATERAL ESTOPPEL
Hudson argues that if the child’s mother had the financial ability to pursue the state court litigation, then the attorney’s fees award was not necessary to enable her to pursue child support; ergo, the fees are not in the nature of support and are dischargeable, citing In re Schiltz, 97 B.R. 671 (Bankr. N.D.Ga.1986). He goes on to argue that the bankruptcy court’s finding that the state court decision had collateral estoppel effect was error because the state court did not specifically address whether the child’s mother had the financial ability to pursue state court litigation without an award of attorneys fees. Although never before raised and rejected in Fifth Circuit jurisprudence, this argument is inconsistent with Dvorak, where we held attorney’s fees related to establishment of support obligations non-dischargeable without reference to the financial need of the support obligee at the beginning of the litigation. See Dvorak, 986 F.2d at 941. We therefore decline Hudson’s invitation to require proof of financial ability in § 523(a)(5) analysis.
CONCLUSION
For the foregoing reasons, we AFFIRM the district court’s order affirming the grant of summary judgment for Raggio.
AFFIRMED.