NJ A3360

Convicted drunk drivers who kill a parent or guardian in a vehicular homicide must pay court-ordered restitution for the financial support of the deceased's minor children.

Courts must consider the child's financial needs, the surviving guardian's resources, the child's standard of living, and physical and emotional needs when determining restitution amounts.

Financial support payments continue until the child turns 18 or graduates high school (whichever is later), or until age 21 if the child has a mental or physical disability, with a minimum payment period of five years.

If the defendant is incarcerated and cannot pay, the financial obligation accrues during imprisonment, with up to one year after release to begin making payments.

Any civil lawsuit judgment awarded to the surviving parent or guardian would be offset by restitution payments already made under this provision.