LARRY LESSEN, Bankruptcy Judge
This matter is before the Court for determination of whether certain non-support obligations arising under a Judgment of Dissolution of Marriage are nondischargeable pursuant to 11 U.S.C. § 523(a)(15).
On October 3, 1997, Dianna Vogel ("Plaintiff") and John A. Vogel ("Debtor") were married. On July 22, 1998, the only child of the marriage was born. On November 12, 2003, a Judgment of Dissolution of Marriage ("the Decree") was entered in the Sixth Judicial Circuit Court in Macon, County, Illinois, dissolving the marriage of the parties. The Decree obligated Debtor to pay certain marital obligations. On February 27, 2004, Debtor filed his voluntary Chapter 7 petition in bankruptcy and, at that time, many of said obligations remained unpaid.
Plaintiff subsequently filed her Complaint alleging that certain debts arising from the Decree were nondischargeable pursuant to 11 U.S.C. § 523(a)(15), which provides as follows:
11 U.S.C. § 523(a)(15) provides in pertinent part as follows:
(a) A discharge under section 727 . . . of this title does not discharge an individual debtor from any debt —
(15) not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record . . . unless —
(A) the debtor does not have the ability to pay such debt from income or property of the debtor not reasonably necessary to be expended for the maintenance or support of the debtor or a dependent of the debtor . . .; or
(B) discharging the debt would result in a benefit to the debtor that outweighs the detrimental consequences to the spouse, former spouse, or child of the debtor(.)
To prevail under § 523(a)(15), the debt in question must be other than the type set forth in § 523(a)(5), that was awarded by a court in the course of a divorce proceeding or separation. In re Paneras, 195 B.R. 395, 403 (Bankr. N.D. Ill. 1996) citing In re Silvers, 187 B.R. 648, 649 (Bankr. W.D. Mo. 1995). Once this is established (and it is not disputed in our case), the burden of proving that the debt falls within either of the two exceptions to nondischargeability rests with the debtor. In re Crosswhite, 148 F.3d 879, 884-85 (7th Cir. 1998). Hence, once the creditor's initial proof that the claim falls under Section 523(a)(15) of the Bankruptcy Code is made, the debt is excepted from discharge and the debtor is responsible for the debt unless the debtor can prove either of the two exceptions, subpart (A), the "ability to pay" test, or (B), the "detriment" test. Id., 148 F.3d at 885.
If the debtor can show the inability to pay the debt, the examination stops and the debtor prevails. The debt will remain dischargeable if paying the debt would reduce the debtor's income below that necessary for the support of the debtor and the debtor's dependents. In re Hill, 184 B.R. 750, 754 (Bankr. N.D. Ill. 1995).
In this case, the Debtor has met his burden by showing his inability to pay the debt. Prior to the divorce, Debtor was employed full-time in his own business known as Vogel Automotive. As a result of the dissolution proceedings, Debtor was required to liquidate the business assets. Debtor attempted to purchase the business but was unable to do so. Debtor is now employed part-time removing snow for a local township and working as a mechanic when he can in his own garage. Debtor testified that he has diligently sought full-time employment as a mechanic, and that his efforts have been fruitless. Debtor is 51 years of age and has a high school education. It does not appear to the Court that Debtor is voluntarily underemployed. Debtor lives frugally and has no luxury items or excessive expenses.
Debtor's monthly income at the time of trial is substantially less than $1,200. His monthly expenses equal or exceed his income. Thus, Debtor has no excess income over expenses with which to pay the subject indebtedness. Accordingly, the subject debt is dischargeable under 11 U.S.C. § 523(a)(15).
This Opinion is to serve as Findings of Fact and Conclusions of Law pursuant to Rule 7052 of the Rules of Bankruptcy Procedure.
See written Order.
ORDER
For the reasons set forth in an Opinion entered this day,
IT IS HEREBY ORDERED that the indebtedness which is the subject of Plaintiff's Complaint be and is hereby declared dischargeable pursuant to 11 U.S.C. § 523(a)(15).