
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC656]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
          Part D--Child Support and Establishment of Paternity
 
Sec. 656. Support obligation as obligation to State; amount; 
        discharge in bankruptcy
        

(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.

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


                               Amendments

    1997--Subsec. (a)(1). Pub. L. 105-33, Sec. 5513(a)(3), amended Pub. 
L. 104-193, Sec. 108(c)(13). See 1996 Amendment note below.
    Subsec. (a)(2)(B). Pub. L. 105-33, Sec. 5556(d), substituted 
``Secretary.'' for ``Secretary, and''.
    1996--Subsec. (a)(1). Pub. L. 104-193, Sec. 108(c)(13), as amended 
by Pub. L. 105-33, Sec. 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, Sec. 395(d)(2)(C), substituted ``a 
noncustodial parent'' for ``an absent parent''.
    Subsec. (b). Pub. L. 104-193, Sec. 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, Sec. 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, Sec. 2663(c)(15)(A), designated existing 
unenumerated provisions as par. (1). Former par. (1) redesignated (2).
    Subsec. (a)(2). Pub. L. 98-369, Sec. 2663(c)(15)(B), redesignated 
former par. (1) as (2). Former par. (2) redesignated (3).
    Subsec. (a)(3). Pub. L. 98-369, Sec. 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. 97-35 added subsec. (b).
    1978--Subsec. (b). Pub. L. 95-598 repealed 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) of Pub. L. 105-33 effective 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) of Pub. L. 105-33, set 
out as a note under section 652 of this title.
    Amendment by section 5556(d) of Pub. L. 105-33 effective 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 of Pub. 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) of Pub. L. 104-193 effective 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 of Pub. 
L. 104-193, as amended, set out as an Effective Date note under section 
601 of this title.
    Amendment by section 374(b) of Pub. L. 104-193 applicable only with 
respect to cases commenced under Title 11, Bankruptcy, after Aug. 22, 
1996, see section 374(c) of Pub. 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. 98-378 effective Oct. 1, 1984, and applicable 
to collections made on or after that date, see section 11(e) of Pub. L. 
98-378, set out as a note under section 654 of this title.
    Amendment by Pub. L. 98-369 effective 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) of Pub. L. 98-369, set out as a 
note under section 401 of this title.


                    Effective Date of 1981 Amendment

    Section 2334(c) of Pub. L. 97-35 provided 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. 95-598 effective Nov. 6, 1978, see section 
402(d) of Pub. L. 95-598, set out as an Effective Date note preceding 
section 101 of Title 11, Bankruptcy.

                  Section Referred to in Other Sections

    This section is referred to in section 654 of this title.
