Wetmore v. Markoe

Background

A New York divorce decree ordered a husband to pay alimony and to support his minor children. The husband later entered bankruptcy and sought discharge of debts. Counsel argued that because the New York judgment did not reserve the right to modify it, the alimony award had become an absolute judgment and therefore should be treated like any other debt provable in bankruptcy.

Reasoning

The Court examined whether an alimony judgment is a “debt” within the bankruptcy law. Relying on earlier opinions and New York decisions, the Court explained that alimony and child support arise from the husband’s legal duty to support his family, not from a private contract. Even when a court fixes the amount and does not reserve power to change it, the underlying obligation remains one of support, not an ordinary contractual debt. The Court also cited a related decision holding that a father’s written agreement to support his minor children cannot be discharged in bankruptcy because it recognizes an existing legal duty. The Court therefore affirmed the state court’s judgment refusing to treat the alimony award as a dischargeable debt.

Real world impact

This ruling means that courts should not treat alimony and child support as typical debts subject to bankruptcy discharge. Wives and minor children retain legal protection for support even if a judgment is final. The opinion notes that Congress later amended the law to further protect support obligations, and that bankruptcy policy should not be used to avoid family support duties.