42 USC § 656 - Support obligation as obligation to State; amount; discharge in bankruptcy | Title 42 - The Public Health and Welfare | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) Collection processes

(1) The support rights assigned to the State pursuant to section 608 (a)(3) of this title or secured on behalf of a child receiving foster care maintenance payments shall constitute an obligation owed to such State by the individual responsible for providing such support. Such obligation shall be deemed for collection purposes to be collectible under all applicable State and local processes.

(2) The amount of such obligation shall be—

(A) the amount specified in a court order which covers the assigned support rights, or

(B) if there is no court order, an amount determined by the State in accordance with a formula approved by the Secretary.

(3) Any amounts collected from a noncustodial parent under the plan shall reduce, dollar for dollar, the amount of his obligation under subparagraphs (A) and (B) of paragraph (2).

(b) Nondischargeability

A debt (as defined in section 101 of title 11) owed under State law to a State (as defined in such section) or municipality (as defined in such section) that is in the nature of support and that is enforceable under this part is not released by a discharge in bankruptcy under title 11.

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(a) Collection processes

(1) The support rights assigned to the State pursuant to section 608 (a)(3) of this title or secured on behalf of a child receiving foster care maintenance payments shall constitute an obligation owed to such State by the individual responsible for providing such support. Such obligation shall be deemed for collection purposes to be collectible under all applicable State and local processes.

(2) The amount of such obligation shall be—

(A) the amount specified in a court order which covers the assigned support rights, or

(B) if there is no court order, an amount determined by the State in accordance with a formula approved by the Secretary.

(3) Any amounts collected from a noncustodial parent under the plan shall reduce, dollar for dollar, the amount of his obligation under subparagraphs (A) and (B) of paragraph (2).

(b) Nondischargeability

A debt (as defined in section 101 of title 11) owed under State law to a State (as defined in such section) or municipality (as defined in such section) that is in the nature of support and that is enforceable under this part is not released by a discharge in bankruptcy under title 11.

Source

(Aug. 14, 1935, ch. 531, title IV, § 456, as added Pub. L. 93–647, § 101(a),Jan. 4, 1975, 88 Stat. 2356; amended Pub. L. 95–598, title III, § 328,Nov. 6, 1978, 92 Stat. 2679; Pub. L. 97–35, title XXIII, § 2334(a),Aug. 13, 1981, 95 Stat. 863; Pub. L. 98–369, div. B, title VI, § 2663(c)(15),July 18, 1984, 98 Stat. 1167; Pub. L. 98–378, § 11(b)(2),Aug. 16, 1984, 98 Stat. 1318; Pub. L. 104–193, title I, § 108(c)(13), title III, §§ 374(b), 395(d)(2)(C),Aug. 22, 1996, 110 Stat. 2166, 2255, 2260; Pub. L. 105–33, title V, §§ 5513(a)(3), 5556 (d),Aug. 5, 1997, 111 Stat. 619, 637.)

Amendments

1997—Subsec. (a)(1). Pub. L. 105–33, § 5513(a)(3), amended Pub. L. 104–193, § 108(c)(13). See 1996 Amendment note below.

Subsec. (a)(2)(B). Pub. L. 105–33, § 5556(d), substituted “Secretary.” for “Secretary, and”.

1996—Subsec. (a)(1). Pub. L. 104–193, § 108(c)(13), as amended by Pub. L. 105–33, § 5513(a)(3), substituted “pursuant to section 608 (a)(3) of this title” for “under section 602 (a)(26) of this title”.

Subsec. (a)(3). Pub. L. 104–193, § 395(d)(2)(C), substituted “a noncustodial parent” for “an absent parent”.

Subsec. (b). Pub. L. 104–193, § 374(b), inserted heading and amended text generally. Prior to amendment, text read as follows: “A debt which is a child support obligation assigned to a State under section 602 (a)(26) of this title is not released by a discharge in bankruptcy under title 11.”

1984—Subsec. (a)(1). Pub. L. 98–378, § 11(b)(2), inserted “or secured on behalf of a child receiving foster care maintenance payments” after “section 602 (a)(26) of this title”.

Pub. L. 98–369, § 2663(c)(15)(A), designated existing unenumerated provisions as par. (1). Former par. (1) redesignated (2).

Subsec. (a)(2). Pub. L. 98–369, § 2663(c)(15)(B), redesignated former par. (1) as (2). Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 98–369, § 2663(c)(15)(C), (D), redesignated former par. (2) as (3) and substituted “subparagraphs (A) and (B) of paragraph (2)” for “paragraphs (1)(A) and (B)”.

1981—Subsec. (b). Pub. L. 97–35added subsec. (b).

1978—Subsec. (b). Pub. L. 95–598repealed provision declaring a debt which is a child support obligation assigned to a State under section 602 (a)(26) of this title as not released by a discharge in bankruptcy under the Bankruptcy Act.

Effective Date of 1997 Amendment

Amendment by section 5513(a)(3) ofPub. L. 105–33effective as if included in section 108 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, at the time such section 108 became law, see section 5518(b) ofPub. L. 105–33, set out as a note under section 652 of this title.

Amendment by section 5556(d) ofPub. L. 105–33effective as if included in the enactment of title III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5557 ofPub. L. 105–33, set out as a note under section 608 of this title.

Effective Date of 1996 Amendment

Amendment by section 108(c)(13) ofPub. L. 104–193effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 ofPub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.

Amendment by section 374(b) ofPub. L. 104–193applicable only with respect to cases commenced under Title 11, Bankruptcy, after Aug. 22, 1996, see section 374(c) ofPub. L. 104–193, set out as a note under section 523 of Title 11.

For provisions relating to effective date of title III of Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of this title.

Effective Date of 1984 Amendments

Amendment by Pub. L. 98–378effective Oct. 1, 1984, and applicable to collections made on or after that date, see section 11(e) ofPub. L. 98–378, set out as a note under section 654 of this title.

Amendment by Pub. L. 98–369effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) ofPub. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1981 Amendment

Section 2334(c) ofPub. L. 97–35provided that: “The amendments made by this section [amending this section and section 523 of Title 11, Bankruptcy] shall become effective on the date of the enactment of this Act [Aug. 13, 1981].”

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–598effective Nov. 6, 1978, see section 402(d) ofPub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

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42 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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45 CFR - Title 45—Public Welfare

45 CFR Part 301 - STATE PLAN APPROVAL AND GRANT PROCEDURES

45 CFR Part 302 - STATE PLAN REQUIREMENTS

45 CFR Part 303 - STANDARDS FOR PROGRAM OPERATIONS

42 USC § 656 - Support obligation as obligation to State; amount; discharge in bankruptcy

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