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17. Domestic Support Obligations
Support obligations are a first priority,
but the administrative costs of a trustee are paid ahead of
the support costs to the extent that the trustee is administering
assets that can be used to pay support costs. To the extent
such support claims have been assigned to or are directly
recoverable by a governmental entity, such claims are subordinated
to the support of claims that are not assigned. The stay does
not apply to the payment of a domestic support obligation
from property that is not property of the estate or to the
enforcement of a wage withholding order under a judicial or
administrative order, or statute, including obligations accruing
from both before and after the filing. Failure to remain current
on support claims is grounds for conversion or dismissal of
a case, the debtor must be current on post petitions obligations
in order to confirm a plan, the plan must provide for priority
payment or support debts (with a limited cramdown available
for claims assigned to or owed directly to a governmental
unit), and the debtor may not obtain a discharge unless such
obligations are paid in accordance with the terms of the plan.
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