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Bill > SB235


MO SB235

MO SB235
Creates "Bentley's Law" relating to child maintenance orders for certain persons convicted of the offense of driving while intoxicated


summary

Introduced
01/08/2025
In Committee
02/03/2025
Crossed Over
Passed
Dead
05/16/2025

Introduced Session

2025 Regular Session

Bill Summary

Creates "Bentley's Law" relating to child maintenance orders for certain persons convicted of the offense of driving while intoxicated

AI Summary

This bill creates "Bentley's Law," which mandates that individuals convicted of driving while intoxicated (DWI) that result in the death of a child's parent(s) must pay child maintenance until the child reaches certain milestones. These milestones include the child turning 18 or 21 years old, getting married, entering active military duty, or dying. The law allows for extended maintenance if the child is physically or mentally incapacitated, or if the child is enrolled in secondary school or higher education, with specific provisions for continuing support through college. The court will determine a reasonable maintenance amount based on factors such as the child's financial needs, the standard of living they would have enjoyed, and the surviving parent's resources. Maintenance payments will be made through the circuit clerk or family support payment center, and the law includes enforcement mechanisms like wage garnishment. If the person ordered to pay maintenance is incarcerated, they will have up to one year after release to begin payments. The law also accounts for potential civil actions, stipulating that if the surviving parent wins a civil judgment, the maintenance order can be offset against that judgment. Notably, maintenance orders can only be modified upon demonstration of substantial and continuing changed circumstances.

Committee Categories

Justice

Sponsors (1)

Last Action

Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee (on 03/12/2025)

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