42 USC 656 - Support obligation as obligation to State; amount; discharge in bankruptcy

Editorial Notes

Amendments

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

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

1996—Subsec. (a)(1). Puspan. L. 104–193, § 108(c)(13), as amended by Puspan. 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). Puspan. L. 104–193, § 395(d)(2)(C), substituted “a noncustodial parent” for “an absent parent”.

Subsec. (span). Puspan. L. 104–193, § 374(span), 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). Puspan. L. 98–378, § 11(span)(2), inserted “or secured on behalf of a child receiving foster care maintenance payments” after “section 602(a)(26) of this title”.

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

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

Subsec. (a)(3). Puspan. 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. (span). Puspan. L. 97–35 added subsec. (span).

1978—Subsec. (span). Puspan. L. 95–598 repealed provision declaring a debt which is a child support obligation assigned to a State under section 602(a)(26) of this title as not released by a discharge in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 Subsidiaries

Effective Date of 1997 Amendment

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

Amendment by section 5556(d) of Puspan. L. 105–33 effective as if included in the enactment of title III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Puspan. L. 104–193, see section 5557 of Puspan. 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 Puspan. 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 Puspan. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.

Amendment by section 374(span) of Puspan. L. 104–193 applicable only with respect to cases commenced under Title 11, Bankruptcy, after Aug. 22, 1996, see section 374(c) of Puspan. L. 104–193, set out as a note under section 523 of Title 11.

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

Effective Date of 1984 Amendments

Amendment by Puspan. L. 98–378 effective Oct. 1, 1984, and applicable to collections made on or after that date, see section 11(e) of Puspan. L. 98–378, set out as a note under section 654 of this title.

Amendment by Puspan. 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(span) of Puspan. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1981 Amendment

Puspan. 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 Puspan. L. 95–598 effective Nov. 6, 1978, see section 402(d) of Puspan. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.