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SC H5446
Bill
Status
Introduced
3/26/2026
Primary Sponsor
Justin Bamberg
Click for details
AI Summary
- Creates a civil process allowing the parent or guardian of a minor child under 16 to petition circuit court for financial assistance from a person who caused the death of the child's other parent or guardian
- Court must hold an evidentiary hearing using preponderance of evidence standard, considering factors including the child's financial needs, the deceased parent's prior support, the child's standard of living, and the responsible person's financial resources
- Payment orders continue until the child's 16th birthday and can be enforced through wage withholding if the person becomes delinquent by three or more months
- If the responsible person is incarcerated, payments must begin within one year of release, with all arrearages still owed regardless of when scheduled payments were set to terminate
- Criminal restitution ordered under Section 17-25-322(F) for child support purposes substitutes for a civil action under this act, preventing duplicate recovery
Legislative Description
Child Financial Assistance Act
Last Action
Referred to Committee on Judiciary
3/26/2026
Committee Referrals
Judiciary3/26/2026
Full Bill Text
No bill text available