42 U.S.C. § 656 — Support obligation as obligation to State; amount; discharge in bankruptcy

submitted 91 years ago by Pub. L. 93-647 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 195 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes certain assigned or foster-care support rights obligations owed to a State and sets how their amounts are determined and reduced. It also makes covered support debts nondischargeable in bankruptcy.

(a) Collection processes. (1) Support rights assigned to a State under 42 U.S.C. 608(a)(3), or secured for a child receiving foster-care maintenance payments, are an obligation owed to the State by the person responsible for support. For collection, the obligation may be collected through every applicable State and local process. (2) The obligation equals (A) the amount in a court order covering the assigned support rights or, (B) if there is no court order, an amount the State determines under a formula approved by the Secretary. (3) Each amount collected from a noncustodial parent under the plan reduces that parent’s obligation under paragraph (2)(A) or (B) dollar for dollar. (b) Nondischargeability. A debt, as defined in 11 U.S.C. 101, owed under State law to a State or municipality, as those terms are defined there, is not released by a title 11 bankruptcy discharge if the debt is in the nature of support and enforceable under this part.

the actual law source: uscode.house.gov ↗public domain

(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 credit: (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.)

history & why it existsrecord from the source credit

1935Enacted · Pub. L. 93-647 · 88 Stat. 2356
1978Amended · Pub. L. 95-598 · 92 Stat. 2679
1981Amended · Pub. L. 97-35 · 95 Stat. 863
1984Amended · Pub. L. 98-369 · 98 Stat. 1167
1984Amended · Pub. L. 98-378 · 98 Stat. 1318
1996Amended · Pub. L. 104-193 · 110 Stat. 2166, 2255, 2260
1997Amended · Pub. L. 105-33 · 111 Stat. 619, 637

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-647 on 1935-08-14.

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