Does he have to file a claim for non-dischargeable debt in order to be considered outside of the discharge of debts ?

This is not a simple question. Domestic Support obligations are not dischargeable in bankruptcy. The person to whom such a debt is owed does not have to take any action at all in the bankruptcy court for the debt to be excepted from discharge. The harder question may be whether the GAL fees are in fact a Domestic Support obligation. My experience is that the question depends upon the specific circumstances of each situation. My suggestion is that you contact your bankruptcy attorney for assistance with this matter. If you filed your case without an attorney you may want to consult with a lawyer at this time to try to evaluate your situation and determine the status of the claim.

You should consult your bankruptcy attorney to review the latest interpretations and whether there is any room to argue, but my understanding is that in this jurisdiction it has been decided that the GAL fees are a non-dischargeable domestic support obligation.

In Chapter 7 generally any obligation arising before, on, or after the date of the filing of a bankruptcy case incurred in connection with or during the course of a divorce case, including guardian ad litem charges, would NOT be dischargeable, It is possible that this might vary from locale to locale (although I would not expect it), so consult with an attorney in your area.

Until recently, GAL fees were not dischargeable in bankruptcy in the state of Illinois. Recent case law, however, has modified this and under certain circumstances, GAL fees are dischargeable in bankruptcy. In order for the GAL's fees to be determined nondischargeable, the GAL must file a claim.