Opinion
No. 76-303 Erie
December 11, 1978
Bankrupts — Discharge of Debts — Child Support — Payment to Governmental Agencies
The obligation of a husband to repay a state wlefare agency for monies advanced for the support of his wife and children is nondischargeable pursuant to 42 United States Code 656(b) and Section 17a(7) of the Bankruptcy Act.
Prior and subsequent to her divorce from the bankrupt, the bankrupt's spouse received aid to dependent children benefits on behalf of herself and the minor child of the marriage from the Commonwealth of Pennsylvania, Department of Public Welfare. In compliance with the provisions of 42 U.S.C. § 602(2) (26), the bankrupt's spouse had previously executed an assignment of her and her child's rights for support from the bankrupt to the Commonwealth. When the bankrupt filed his petition in bankruptcy, his spouse sought a determination that the bankrupt's obligation to repay the Commonwealth the sums it had advanced for the spouse's support and the support of the child was nondischargeable under Section 17a(7) of the Bankruptcy Act.
42 U.S.C. § 656(b), effective as of August 1, 1975, provides that "(b) A debt which is a child support obligation assigned to a State inder Section 602(a) (26) of this title is not released by a discharge in bankruptcy under the Bankruptcy Act." Therefore, it was held that the obligation of the bankrupt to repay the Commonwealth the sums of money advanced to the bankrupt's spouse on behalf of herself and the minor child as aid for dependent children subsequent to the assignment of her rights under 42 U.S.C. § 602(a)(26) was nondischargeable. See Sec. 17a(7) [§ 523(a)(5)] at ¶ 9231.