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MS HB554
Bill
Status
Failed
1/31/2023
Primary Sponsor
Timmy Ladner
Click for details
AI Summary
- Creates "Bentley's Law" allowing surviving parents or guardians to petition chancery court for child maintenance orders against persons convicted of aggravated DUI when the offense caused a parent's death
- Court must order maintenance payments to continue until the child dies, marries, enters active military duty, reaches age 18 (or 21 under specified conditions), with extended eligibility for children in high school or enrolled in higher education institutions maintaining satisfactory academic progress
- Court determines maintenance amount based on child's financial needs, surviving parent/guardian resources, standard of living the child would have enjoyed, child's physical/emotional condition, and other relevant factors, considering child support guidelines
- Incarcerated offenders ordered to pay have up to one year after release to begin payments including any accrued arrearages, and must continue paying all arrearages regardless of when child maintenance obligation would otherwise terminate
- Prohibits maintenance order if surviving parent already obtained civil judgment before filing for maintenance; if judgment is obtained after maintenance order, the judgment must offset the maintenance payments
Legislative Description
Bentley's Law; create to authorize court order child maintenance payments when parent's death is caused by case of aggravated DUI.
Last Action
Died In Committee
1/31/2023
Committee Referrals
Judiciary A1/13/2023
Full Bill Text
No bill text available