New Texas law mandates child support from drunk drivers who cause the death of a parent or legal guardian.
A New Law in Texas Requires Drunk Drivers to Pay Child Support for Victims
A groundbreaking law has recently taken effect in Texas, aiming to hold drunk drivers accountable for their actions and provide support for the children left behind. Under the bipartisan House Bill 393, signed by Governor Greg Abbott, any drunk driver responsible for the death of a parent or legal guardian will be required to pay child support until the child reaches the age of 18 or graduates from high school, whichever comes later.
Governor Abbott expressed his support for the law, stating on social media, “Any time a parent passes is tragic, but a death at the hands of a drunk driver is especially heinous. I was proud to sign HB 393 into law this year to require offenders to pay child support for the children of their victims.”
The specific amount of child support has not been predetermined in the bill. Instead, the court will determine the monthly payment based on the financial needs of the child and the surviving parent or guardian, as well as the financial resources of the driver. If the child is placed with a legal guardian, parent, or child services instead of a family member, the child support payments will be directed accordingly.
It is important to note that the payments will not begin immediately. If the defendant is incarcerated, the child support payments will commence one year after their release from prison. Additionally, the law mandates that all arrearages must be paid, regardless of whether the restitution payments were scheduled to terminate during the defendant’s confinement.
This significant legislation, known as Bentley’s Law, is named after a Missouri woman who tragically lost her son, daughter-in-law, and granddaughter to a drunk driver in 2021. It is crucial to highlight that this law only applies to crashes that occur after its implementation.
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