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Obligor: Definition, How It Works, Types, and Examples

Last updated 03/20/2024 by

Alessandra Nicole

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Summary:
An obligor, often referred to as a debtor, is an individual or entity legally bound to provide a benefit or payment to another party. In finance, an obligor is commonly a bond issuer obligated to make principal and interest payments on outstanding debt. The recipient of these payments is known as the obligee. This article explores the role of obligors, their responsibilities, and the impact of obligations in various contexts.

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Understanding obligors

An obligor, also known as a debtor, is a person or entity legally or contractually bound to provide a benefit or payment to another. In the realm of personal finance and business, the term “obligor” primarily refers to an individual or organization that owes a financial obligation to another party, known as the obligee.

An obligor’s role in debt obligations

In the context of debt, the obligor is typically the borrower, whether an individual or a corporate entity. This obligor is contractually obligated to repay the lender or bondholder, who is the obligee. These obligations include not only the repayment of principal and interest but also compliance with specific covenants, which can be affirmative or negative.

Affirmative covenants

Affirmative covenants require the obligor to take specific actions, such as achieving predefined performance benchmarks. These benchmarks are essential for ensuring that the obligor is meeting its financial obligations.

Negative covenants

Negative covenants, on the other hand, are restrictions placed on the obligor, preventing them from engaging in certain activities that could jeopardize their ability to meet their financial obligations. For example, they may be restricted from restructuring the leadership of their organization.

The consequences of default

Since these bond issues are contractual obligations, obligors have limited flexibility in terms of deferring principal repayments, interest payments, or circumventing covenants. Failure to meet these obligations can result in severe consequences, including default. Default can lead to the bond becoming invalid, requiring immediate repayment, or even its conversion to equity ownership.

Challenges of overleveraged obligors

In cases where obligors are overleveraged, defaults can occur, which can have significant repercussions on their financial stability and the viability of their business. Therefore, it’s crucial for bond obligors to take their debt obligations seriously and manage them responsibly.
WEIGH THE RISKS AND BENEFITS
Here is a list of the benefits and the drawbacks to consider.
Pros
  • Financial stability: Obligors can contribute to the financial stability of businesses and individuals by fulfilling their financial obligations.
  • Legal compliance: Meeting obligations, especially in cases of child support, ensures legal compliance and may prevent legal consequences.
  • Clear expectations: Obligors operate within defined contractual terms, providing clarity for both parties involved.
Cons
  • Financial strain: Obligors may experience financial strain when meeting their obligations, potentially affecting their own financial well-being.
  • Legal consequences: Failing to fulfill obligations can lead to legal repercussions, including default in financial agreements.
  • Limited flexibility: In some cases, obligors have limited flexibility to adjust obligations, even in changing financial circumstances.

Obligor in personal settings

Obligors are not limited to corporate bondholders. In family law, obligors take on a different role. In scenarios like divorce settlements, a court order may require one parent, typically the non-custodial parent, to provide child support to the other parent. This monthly payment makes the paying parent an obligor.

Child support obligations

In cases of child support obligations, obligors must adhere to court-ordered payments. Even if the obligor loses their job, these payments remain due and cannot be discharged in bankruptcy, distinguishing them from other civil judgments.

Managing changes in obligations

Should there be a change in the financial status or income of either parent, the obligor can petition the court to adjust the monthly obligation. Failing to pay child support as ordered by the court can lead to various consequences, such as wage garnishment, the suspension of driver’s licenses, and other legal issues. It is essential for obligor parents to fulfill their financial responsibilities and adapt to changes in child support amounts when necessary.

The bottom line

Understanding the roles of obligors and obligees is crucial in clarifying financial responsibilities. Obligors are individuals or entities who owe financial obligations, whether related to debt or other contractual agreements. They play a significant role in the world of finance and family law, where adherence to obligations is paramount.

Frequently asked questions

Is the borrower the obligor?

In debt-related contexts, the obligor is typically the borrower, whether an individual or an organization. The obligor is responsible for repaying the lender or bond issuer, who acts as the obligee. However, the role of the obligor extends beyond debt scenarios to other contractual obligations.

Who is the obligor in a surety bond?

Surety bonds involve three parties: the principal, the surety, and the obligee. The principal is the obligor who has an obligation to fulfill a debt or duty. The surety acts as a guarantor, agreeing to pay the bond to the obligee if the obligor defaults. The obligee is typically a government agency or the party owed the obligation.

What happens when the obligor of child support dies?

When the obligor responsible for child support passes away, their obligation may continue through their estate, depending on the laws of the state where they resided.

Key takeaways

  • An obligor, also known as a debtor, is legally or contractually bound to provide a benefit or payment to another party.
  • Obligors in finance are often bond issuers obligated to make principal and interest payments on outstanding debt, with the recipient known as the obligee.
  • Obligors in personal settings, especially in cases of child support, must fulfill court-ordered payments and adapt to changing financial circumstances.
  • Failure to meet financial obligations can result in default, with serious consequences for overleveraged obligors.
  • Obligors are responsible for repaying debt, meeting covenants, and adhering to other contractual obligations.

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