According to a new law in Texas, drunk drivers who cause the death of a child's parent or guardian in a crash are required to pay child support to the surviving children until they turn 18 or graduate from high school, whichever comes later².
The law, named "Bentley's Law", was signed by Governor Greg Abbott on June 2, 2023 and went into effect on September 1, 2023¹. The law applies to incidents committed on or after it became a law².
The law was created by Cecilia Williams, who lost her son, daughter-in-law, and grandson in a drunk driving accident in Missouri in April 2021.
She wanted to make sure that drunk drivers who kill parents are held accountable and provide financial support to the children they orphaned¹.
The amount of child support that the drunk drivers have to pay is determined by the court, based on the financial needs of the child and the surviving parent or guardian, if there is one, as well as the financial resources of the defendant².
If the defendant is unable to make the payments because of imprisonment, they have to start paying no later than one year after being released.
They also have to pay all the arrears regardless of whether the payments were scheduled to end while they were in prison².
The law is supported by Mothers Against Drunk Driving, who said that it provides a sense of justice to the victims and survivors and reminds the offenders of the heartbreak they caused by choosing to drive impaired¹.
Texas is the latest state to enact Bentley's Law, following Tennessee in July 2023. Similar legislation has been introduced or passed in 24 other states.
(1) New Texas law requires drunken drivers who kill guardians to pay child
(2) New Law In Texas Makes Drunk Drivers Liable For Child Support
(3) Drink and Drive in Texas and You Might Have to Pay Child Support.
(4) New Texas Law Requires Drunk Drivers Pay Child Support to Victims