HB1107 Summary

• Allows courts to order defendants convicted of homicide while driving or boating intoxicated to pay reasonable child support as restitution to surviving dependent children (defined as persons under 20 years of age who are natural, adopted, or stepchildren of the victim).

• Requires the state to allege facts in the information or indictment supporting such an order and specify that child support is being sought before a court can issue a restitution order.

• Court must consider seven factors when determining reasonable child support amounts, including the child's financial needs, standard of living, educational needs, custody arrangements, and work-related childcare expenses of the surviving parent or guardian.

• Child support payments must be made to the circuit court clerk, who shall deposit them by the next business day and remit to the surviving parent or guardian within 10 business days; support continues until each child reaches age 20 or until the full obligation is paid.

• Incarcerated defendants have up to one year after release to begin payments and may establish payment plans; support obligations are reduced or eliminated if the surviving parent or guardian obtains a civil judgment for monetary damages against the defendant.