42 U.S.C. § 656

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

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar

(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. 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.)Editorial NotesAmendments

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. 97–35 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.

Statutory Notes and Related SubsidiariesEffective 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

Pub. L. 97–35, 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 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.

Notes of Decisions

Cited in 85 cases (2 in the last 5 years), 1977–2022 · leading case: Connecticut v. Leach (In Re Leach), 15 B.R. 1005 (Bankr. D. Conn. 1981).

Sort: Relevance Newest Treatment

Connecticut v. Leach (In Re Leach), 15 B.R. 1005 (Bankr. D. Conn. 1981). · cites it 5× “The controlling law is found in section 456 of the Social Security Act, 42 U.S.C. § 656 , which was amended in the same enactment that amended 11 U.”

Hodges v. Com., Dept. of Soc. Servs., 609 S.E.2d 61 (Va. Ct. App. 2005). · cites it 4× “42 U.S.C. § 656 (a)(1). Such obligations are to be collected by the state, 42 U.”

Leibowitz v. Cnty. of Orange (In Re Leibowitz), 218 B.R. 96 (Bankr. C.D. Cal. 1998). · cites it 15× “§ 523 (a) and 42 U.S.C. § 656 (b). The effective date with respect to bankruptcy cases is the date of enactment, August 22, 1996.”

In Re: Raymond Cervantes, Debtor. Cnty. of Santa Cruz v. Raymond Cervantes, 219 F.3d 955 (9th Cir. 2000). · cites it 4× “” The second provision was added to the Social Security Act at 42 U.S.C. § 656 (b) and is nearly identical to the first provision.”

In Re Joe P. Ramirez, Jose Presiado Ramirez. Cnty. of Santa Clara v. Joe P. Ramirez, Jose Presiado Ramirez, 795 F.2d 1494 (9th Cir. 1986). · cites it 4× “656(b) The County also argues that 42 U.S.C. § 656 (b) excepts Mr. Ramirez’s debt to the County for reimbursement of AFDC payments from discharge.”

In Re: Paul Alan Leibowitz, Debtor. Paul Alan Leibowitz v. Cnty. of Orange Tony Rackauckas, 1 Dist. Attorney of Cnty. of Orange, 217 F.3d 799 (9th Cir. 2000). · cites it 4× “Second, Congress altered section 42 U.S.C. § 656 (b), which is part of Title IVD of the Social Security Act.”

FL Dept. of Revenue v. Gregg Takafumi Omine, 485 F.3d 1305 (11th Cir. 2007). · cites it 2× “In a recognition that federal, not state law, governs a dischargeability of domestic obligations determination, the Florida DOR also cites 42 U.S.C. § 656 (b), that, it claims, dictates the state law classification be followed.”

Reynolds v. Kimmons, 569 P.2d 799 (Alaska 1977). · cites it 2× “The judgment is nondischargeable in bankruptcy ( 11 USC § 35 (a)(7)), even if the support is assigned to the State ( 42 USC § 656 (b)). The judgment is enforceable without regard to State and federal execution exemptions laws (AS 09.”

Pitts v. Missouri (In Re Pitts), 262 B.R. 482 (Bankr. W.D. Mo. 2001). · cites it 9× “Second, Congress altered 42 U.S.C. § 656 (b), which is part of Title IV-D of the Social Security Act, to provide that “ ‘[a] debt .”

Christensen v. Lightbourne, 444 P.3d 85 (Cal. 2019). “(a)(5), (a)(15) ; 42 U.S.C. § 656 ); and because child support that is garnished for the benefit of children living in a different household, unlike other types of debt (e.”

Ohio Ex Rel. Cnty. of Summit Dep't of Human Servs. v. Jones (In Re Jones), 94 B.R. 99 (Bankr. N.D. Ohio 1988). · cites it 4× “” 42 U.S.C. § 656 (b). Although this section of the Social Security Act was repealed by The Bankruptcy Reform Act of 1978, it was reenacted in almost identical form in 1981.”

Hutchison v. Birmingham (In Re Hutchison), 270 B.R. 429 (Bankr. E.D. Mich. 2001). · cites it 4× “42 U.S.C. § 656 (b) (“A debt ... owed under State law to a State .”

Show all 85 citing cases →

— 42 U.S.C. § 656(b) — 1 case

Ohio Ex Rel. Cnty. of Summit Dep't of Human Servs. v. Jones (In Re Jones), 94 B.R. 99 (Bankr. N.D. Ohio 1988). “” 42 U.S.C. § 656 (b). Although this section of the Social Security Act was repealed by The Bankruptcy Reform Act of 1978, it was reenacted in almost identical form in 1981.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.