Courts would order child support after impaired-driving deaths

A court must order the person to pay child maintenance when the required petition is filed. This applies when a person was convicted of, pleaded guilty to, or entered a no-contest plea to impaired driving, and that offense caused a child's parent or parents to die. A surviving parent or guardian must file a petition for maintenance. Payments generally end when the child dies, marries, enters active military duty, or reaches the applicable age limit. School attendance or qualifying disability may extend payments as described in the order.

The court must set the maintenance amount and direct how payments are collected and sent to the surviving parent or guardian. This covers maintenance orders under this section and payments owed by the person ordered to pay. The court must consider the child’s and caregiver’s financial needs and resources, the child’s likely standard of living, health and education needs, custody arrangements, and reasonable work-related child-care costs. It must also consider state guidelines and a court rule’s calculation form. Payments go through the circuit clerk, unless the court chooses the family support payment center and the family support division does not object. The circuit clerk must pass on payments within three working days and deposit receipts by the next working day.

The court must apply specified offsets and continue unpaid balances in the circumstances described. This covers the person ordered to pay and a surviving parent or guardian who obtains a civil judgment or motor vehicle insurance payment related to the death. A qualifying civil judgment obtained before a maintenance order prevents an order; a later judgment reduces the amount owed. Payments from a motor vehicle insurer also reduce the order, but funds received under section 595.045 do not. A person unable to pay while incarcerated may take up to one year after release to begin paying, including arrears. If the person is unable to pay while incarcerated, payment may begin up to one year after release. Any unpaid balance continues until paid in full.