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LegalText 42 U.S.C. § 656 Support obligation as obligation to State; amount; discharge in bankruptcy us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 7 SOCIAL SECURITY 656 42 U.S.C. § 656 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s656 data/legal/raw/us/code/title-42/usc42.xml f1840056d3f0af50f3093fdad16c6b557f55e571ffaafbcc041196bec52dbc7c 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e fab3e3b3f19c93fbf7aa0e177f256ed8c6c75c3159ef6a847ccbb0ce96e1a127 2026-07-04 official
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42 U.S.C. § 656 - Support obligation as obligation to State; amount; discharge in bankruptcy

Text

(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, § 456, as added Pub. L. 93647, § 101(a), Jan. 4, 1975, 88 Stat. 2356; amended Pub. L. 95598, title III, § 328, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 9735, title XXIII, § 2334(a), Aug. 13, 1981, 95 Stat. 863; Pub. L. 98369, div. B, title VI, § 2663(c)(15), July 18, 1984, 98 Stat. 1167; Pub. L. 98378, § 11(b)(2), Aug. 16, 1984, 98 Stat. 1318; Pub. L. 104193, title I, § 108(c)(13), title III, §§ 374(b), 395(d)(2)(C), Aug. 22, 1996, 110 Stat. 2166, 2255, 2260; Pub. L. 10533, title V, §§ 5513(a)(3), 5556(d), Aug. 5, 1997, 111 Stat. 619, 637.)

Notes

Editorial Notes

Amendments1997—Subsec. (a)(1). Pub. L. 10533, § 5513(a)(3), amended Pub. L. 104193, § 108(c)(13). See 1996 Amendment note below. Subsec. (a)(2)(B). Pub. L. 10533, § 5556(d), substituted “Secretary.” for “Secretary, and”. 1996—Subsec. (a)(1). Pub. L. 104193, § 108(c)(13), as amended by Pub. L. 10533, § 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. 104193, § 395(d)(2)(C), substituted “a noncustodial parent” for “an absent parent”. Subsec. (b). Pub. L. 104193, § 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. 98378, § 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. 98369, § 2663(c)(15)(A), designated existing unenumerated provisions as par. (1). Former par. (1) redesignated (2). Subsec. (a)(2). Pub. L. 98369, § 2663(c)(15)(B), redesignated former par. (1) as (2). Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 98369, § 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. 9735 added subsec. (b). 1978—Subsec. (b). Pub. L. 95598 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 AmendmentAmendment by section 5513(a)(3) of Pub. L. 10533 effective as if included in section 108 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104193, at the time such section 108 became law, see section 5518(b) of Pub. L. 10533, set out as a note under section 652 of this title. Amendment by section 5556(d) of Pub. L. 10533 effective as if included in the enactment of title III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104193, see section 5557 of Pub. L. 10533, set out as a note under section 608 of this title.

Effective Date of 1996 AmendmentAmendment by section 108(c)(13) of Pub. L. 104193 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. 104193, as amended, set out as an Effective Date note under section 601 of this title. Amendment by section 374(b) of Pub. L. 104193 applicable only with respect to cases commenced under Title 11, Bankruptcy, after Aug. 22, 1996, see section 374(c) of Pub. L. 104193, set out as a note under section 523 of Title 11. For provisions relating to effective date of title III of Pub. L. 104193, see section 395(a)(c) of Pub. L. 104193, set out as a note under section 654 of this title.

Effective Date of 1984 AmendmentsAmendment by Pub. L. 98378 effective Oct. 1, 1984, and applicable to collections made on or after that date, see section 11(e) of Pub. L. 98378, set out as a note under section 654 of this title. Amendment by Pub. L. 98369 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. 98369, set out as a note under section 401 of this title.

Effective Date of 1981 AmendmentPub. L. 9735, title XXIII, § 2334(c), Aug. 13, 1981, 95 Stat. 863, 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 AmendmentAmendment by Pub. L. 95598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.