MissouriMissouri law orders child support after fatal impaired driving
When impaired driving causes a parent’s death, a court orders the convicted person to support the child if a surviving parent or guardian petitions.
What it does
When impaired driving causes a parent’s death, a court orders the convicted person to support the child if a surviving parent or guardian petitions.
Drivers required to use an ignition device may pay a lower device fee if their income is at or below 150 percent of the federal poverty level.
A person convicted of impaired driving faces a felony level based on the harm caused and the person’s offender status.
Argument forDrivers with low incomes who must use an ignition device could pay less for it, while still paying extra costs caused by rule violations.
Argument againstA person convicted after a child’s parent dies could face years of support payments, and unpaid amounts may continue to be owed after the order would otherwise end.
More detail
A court orders the convicted person to pay child maintenance when a surviving parent or guardian petitions. This applies when a person is convicted of, pleads guilty to, or pleads no contest to impaired driving that causes a child’s parent to die. A surviving parent or guardian must petition the court. The court sets an amount it finds reasonable or necessary after considering the child’s needs, family resources, and other listed factors. A prior civil judgment for the child prevents a maintenance order; a later judgment offsets the maintenance order. Payments generally continue until the child dies, marries, enters active military duty, or reaches the applicable age limit. The court may extend payments in specified circumstances, including disability or qualifying schooling.
Certified ignition-device providers must offer a discounted fee schedule for eligible people. The schedule covers offenders required to use a certified ignition interlock device, which checks for alcohol before a vehicle starts. A person with income at or below 150 percent of the federal poverty level who verifies income pays 10 percent of the device cost. Extra costs caused by not following program requirements are not discounted and remain the person’s responsibility.
The law assigns felony levels to DWI offenses that cause injury or death through criminal negligence. These classifications apply to people convicted of driving while intoxicated who, through criminal negligence, cause physical injury, serious physical injury, or death. The felony level also depends on the person’s offender status and, for some offenses, whether the person has a qualifying prior offense. People found guilty under specified death-causing offenses must serve minimum prison terms before becoming eligible for parole or probation. For the death-causing offense in subdivision 6(b), parole or probation is unavailable until at least five years in prison. For an offense under subdivision 7, the minimum is ten years.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 9Delivered to Secretary of State (G)Latest
- Jul 9Approved by Governor Mike Kehoe (G)Became Law
- May 28Delivered to Governor
- May 28Signed by President Pro Tem (S)
- May 28Signed by House Speaker (H)
- May 14House Message (H)
- Vote recorded Third Read and Passed (S) - AYES: 32 NOES: 0 PRESENT: 0. Result: pass.Upper
- Vote recorded Reported Do Pass (H) - AYES: 8 NOES: 0 PRESENT: 0. Result: pass.Lower
- Vote recorded Truly Agreed To and Finally Passed - AYES: 144 NOES: 2 PRESENT: 0. Result: pass.Lower
- May 14Truly Agreed To and Finally Passed - AYES: 144 NOES: 2 PRESENT: 0Major
- May 14House Adopts (H) - SS SCS
- May 14Taken Up
- May 14Reported Do Pass (H) - AYES: 8 NOES: 0 PRESENT: 0Minor
- May 14Voted Do Pass (H)Minor
- May 14Executive Session Completed (H)
- May 14Referred: Fiscal Review(H)Minor
- May 14Reported to the House with... (H) - SS SCS
- May 14Third Read and Passed (S) - AYES: 32 NOES: 0 PRESENT: 0Passed Senate
- May 14SS Adopted (S)
- May 14SS OfferedMinor
- May 14Taken Up for Third Reading (S)Minor
- May 7Placed on Informal Calendar
- May 7Reported Do Pass (S)Minor
- May 7Voted Do Pass (S)Minor
- May 7Executive Session Held (S)
- May 6Referred: Fiscal Oversight(S)Minor
- May 6SCS Reported Do Pass (S)Minor
- Apr 29SCS Voted Do Pass (S)Minor
- Apr 29Executive Session Held (S)
- Apr 15Public Hearing Held (S)
- Apr 13Public Hearing Scheduled (S) - Wednesday, April 15, 2026, 8:30 a.m., Senate Lounge - 3rd Floor
- Apr 8Second read and referred: Judiciary and Civil and Criminal Jurisprudence(S)
- Apr 7Reported to the Senate and First Read (S)Minor
- Apr 2Third Read and Passed (H) - AYES: 141 NOES: 5 PRESENT: 1Passed House
- Vote recorded Third Read and Passed (H) - AYES: 141 NOES: 5 PRESENT: 1. Result: pass.Lower
- Vote recorded Reported Do Pass (H) - AYES: 8 NOES: 0 PRESENT: 0. Result: pass.Lower
- Apr 2Taken Up for Third Reading (H)Minor
- Apr 2Placed on the Informal Third Reading Calendar (H)Minor
- Apr 2Reported Do Pass (H) - AYES: 8 NOES: 0 PRESENT: 0Minor
- Apr 2Voted Do Pass (H)Minor
- Apr 2Executive Session Completed (H)
- Mar 31Referred: Fiscal Review(H)Minor
- Mar 30Perfected (H)
- Mar 30Title of Bill - Agreed To
- Mar 30Taken Up for Perfection (H)
- Mar 25Placed on the Informal Perfection Calendar (H)
- Mar 11Reported Do Pass (H) - AYES: 9 NOES: 0 PRESENT: 0Minor
- Vote recorded Reported Do Pass (H) - AYES: 9 NOES: 0 PRESENT: 0. Result: pass.Lower
- Mar 10Voted Do Pass (H)Minor
- Mar 10Executive Session Completed (H)
- Mar 5Referred: Rules - Legislative(H)Minor
- Feb 26Reported Do Pass (H) - AYES: 16 NOES: 0 PRESENT: 0Minor
- Vote recorded Reported Do Pass (H) - AYES: 16 NOES: 0 PRESENT: 0. Result: pass.Lower
- Feb 26Voted Do Pass (H)Minor
- Feb 26Executive Session Completed (H)
- Feb 24Action Postponed (H)
- Feb 24Executive Session Continued
- Feb 17Public Hearing Completed (H)
- Feb 5Re-referred to Committee: Crime and Public Safety(H)
- Jan 22Referred: General Laws(H)Minor
- Jan 8Read Second Time (H)Minor
- Jan 7Read First Time (H)
- 2025
- Dec 1Prefiled (H)Introduced
Criminal JusticePublic Safety