After a divorce and child custody action, the trial court awarded attorney’s fees in favor of the defendant. The plaintiff soon thereafter filed two bankruptcy petitions. Both bankruptcy petitions were dismissed. Defendant sought an order finding the attorney’s fees to be non-dischargeable in bankruptcy as a “domestic support obligation.” The lower court agreed with the defendant and entered an order. On appeal, the Appellate Division held that the order was not an advisory opinion simply because it was entered when no bankruptcy proceeding was active. On the merits, the Appellate Division affirmed the lower court’s order because it found that attorney’s fees ordered in a matrimonial matter qualify as a domestic support obligation.
