Baskin & Baskin, P.C. v. Carlucci, Adv. No. 05-5007, 2007 Bankr. LEXIS 1567 (Bankr. N.D. Ga. March 13, 2007)(Bonapfel). Plaintiff law firm acted as guardian ad litem for the debtor’s child in pre-petition divorce and custody proceedings. After the debtor filed his Bankruptcy petition, the plaintiff filed an adversary contending that the fees were non-dischargeable pursuant to section 523(a)(5). Since the Bankruptcy case was filed prior to the effective date of the BAPCPA, the old (and more limited, as far as debts arising from divorce proceedings) version of the Code was applicable.
Nevertheless, the Court found the fees nondischargeable, even though the fees were not paid to a spouse, former spouse or child, because the fees were effectively in the nature of support.