Missouri is the latest state to enact a law that holds drunk drivers financially responsible for supporting children who are left without a parent because of their actions. Specifically, the law signed by Missouri Gov. Mike Kehoe this month requires drivers who have been convicted or pled guilty to driving while intoxicated (DWI) to pay child support for any surviving children of those killed in a collision. The new law takes effect on Aug. 28 of this year.
The support payments will go to the surviving parent or guardian who is raising a child. They generally are to continue until a child turns 18. However, if the child is attending college or has a disability, they may be ordered to continue until they turn 21.
If the driver is sentenced to prison, they do not have to begin making payments until a year after they have been released. However, they have to make up for the payments they missed during that time. The new law also raises the minimum sentence for someone convicted of DWI in a fatal crash to five years.
How the amount of support is determined
Courts determine how much support is owed similarly to how they do in traditional child support cases. They are to consider factors including:
- The financial needs of the child (including physical and mental health care, educational and child care needs)
- The financial resources of the surviving caregiver(s)
- The child’s standard of living prior to the parent’s death
The law notes that the driver can still face civil liability from surviving loved ones. However, “the child maintenance order shall offset the judgment awarded in the civil action.”
This new law raises the stakes even more for those charged with causing a fatal crash while driving while intoxicated. And, that’s just one reason why it’s critical that anyone who is facing this charge gets experienced legal guidance as early as possible to protect their rights and determine the best way forward.Bottom of Form
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