Public Law 119-73 (01/23/2026)

42 U.S.C. § 656

Support obligation as obligation to State; amount; discharge in bankruptcy

(a)

Collection processes

(1)
section 608(a)(3) of this title The support rights assigned to the State pursuant to 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

section 101 of title 11A debt (as defined in ) 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. 531Pub. L. 93–647, § 101(a)88 Stat. 2356Pub. L. 95–598, title III, § 32892 Stat. 2679Pub. L. 97–35, title XXIII, § 2334(a)95 Stat. 863Pub. L. 98–369, div. B, title VI, § 2663(c)(15)98 Stat. 1167Pub. L. 98–378, § 11(b)(2)98 Stat. 1318Pub. L. 104–193, title I, § 108(c)(13)110 Stat. 2166Pub. L. 105–33, title V111 Stat. 619(, title IV, § 456, as added , , ; amended , , ; , , ; , , ; , , ; , title III, §§ 374(b), 395(d)(2)(C), , , 2255, 2260; , §§ 5513(a)(3), 5556(d), , , 637.)

Editorial Notes

Amendments

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

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

Pub. L. 104–193, § 108(c)(13)Pub. L. 105–33, § 5513(a)(3)section 608(a)(3) of this titlesection 602(a)(26) of this title1996—Subsec. (a)(1). , as amended by , substituted “pursuant to ” for “under ”.

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

Pub. L. 104–193, § 374(b)section 602(a)(26) of this titleSubsec. (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 is not released by a discharge in bankruptcy under title 11.”

Pub. L. 98–378, § 11(b)(2)section 602(a)(26) of this title1984—Subsec. (a)(1). , inserted “or secured on behalf of a child receiving foster care maintenance payments” after “”.

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

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

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

Pub. L. 97–351981—Subsec. (b). added subsec. (b).

Pub. L. 95–598section 602(a)(26) of this title1978—Subsec. (b). repealed provision declaring a debt which is a child support obligation assigned to a State under as not released by a discharge in bankruptcy under the Bankruptcy Act.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

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

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

Effective Date of 1996 Amendment

section 108(c)(13) of Pub. L. 104–193section 116 of Pub. L. 104–193section 601 of this titleAmendment by effective , 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 , as amended, set out as an Effective Date note under .

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

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

Effective Date of 1984 Amendments

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

Pub. L. 98–369section 2664(b) of Pub. L. 98–369section 401 of this titleAmendment by effective , 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 , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–35, title XXIII, § 2334(c)95 Stat. 863

section 523 of Title 11“The amendments made by this section [amending this section and , Bankruptcy] shall become effective on the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1978 Amendment

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