Bankruptcy Appellate Panel of the First Circuit March 7, 2003, MW 02-033, MW 02-034, Bankruptcy No. 01-42796-JBR, Adversary No. 01-4336-JBR (Cowell v. Hale (In Re Hale))

HAINES, Bankruptcy Judge.

Lisa Roberts Cowell appeals the bankruptcy court’s order granting Debtor Michael Hale’s motion for summary judgment. The bankruptcy court determined that sums Hale owed Cowell for their minor daughter’s private school tuition under a Massachusetts divorce judgment and settlement agreement were not excepted from discharge as “support” within the meaning of § 523(a)(5) of