# § 656. Support obligation as obligation to State; amount; discharge in bankruptcy
**(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** section 101 of title 11
A 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.
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**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.)
## Editorial Notes
### Amendments
1997—Subsec. (a)(1). , amended . See 1996 Amendment note below.
Subsec. (a)(2)(B). , substituted “Secretary.” for “Secretary, and”.
1996—Subsec. (a)(1). , as amended by , substituted “pursuant to ” for “under ”.
Subsec. (a)(3). , substituted “a noncustodial parent” for “an absent parent”.
Subsec. (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.”
1984—Subsec. (a)(1). , inserted “or secured on behalf of a child receiving foster care maintenance payments” after “”.
, designated existing unenumerated provisions as par. (1). Former par. (1) redesignated (2).
Subsec. (a)(2). , redesignated former par. (1) as (2). Former par. (2) redesignated (3).
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)”.
1981—Subsec. (b). added subsec. (b).
1978—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
Amendment 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 .
Amendment 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
Amendment 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 .
Amendment by applicable only with respect to cases commenced under Title 11, Bankruptcy, after , see , set out as a note under .
For 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
Amendment by effective , and applicable to collections made on or after that date, see , set out as a note under .
Amendment 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
> “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
Amendment by effective , see , set out as an Effective Date note preceding , Bankruptcy.