SB167INTRODUCED
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SB167
2LPWIIK-1
By Senator Orr
RFD: Judiciary
First Read: 13-Feb-25
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5 2LPWIIK-1 02/11/2025 THR (L)THR 2025-747
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First Read: 13-Feb-25
SYNOPSIS:
Existing law provides for criminal and civil
penalties for the offense of driving while under the
influence of alcohol or a controlled substance.
This bill would require an individual who is
convicted of driving while under the influence of
alcohol or a controlled substance to pay child support
for a child of a victim of the offense if the offense
leads to the death of a parent or guardian of the
child.
A BILL
TO BE ENTITLED
AN ACT
Relating to child support; to require an individual
convicted of driving while under the influence to pay child
support in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) In addition to the penalties prescribed
for driving while under the influence of alcohol or a
controlled substance under Section 32-5A-191, Code of Alabama
1975, and in addition to any restitution required pursuant to
Article 4A of Chapter 18 of Title 15, Code of Alabama 1975, if
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Article 4A of Chapter 18 of Title 15, Code of Alabama 1975, if
an individual is convicted pursuant to Section 32-5A-191, Code
of Alabama 1975, and the offense leading to the conviction
causes the death of a child's parent or guardian, that
individual shall be ordered to pay child support for the child
pursuant to Chapter 3 of Title 30, Code of Alabama 1975, until
the child reaches 19 years of age.
(b) Child support ordered pursuant to subsection (a)
may be calculated according to the child support guidelines
established by Rule 32 of the Alabama Rules of Judicial
Administration based upon the circumstances during the time
period for which support is ordered, or may otherwise be
ordered by the court in an amount determined by the court
based on the following factors:
(1) The financial needs and resources of the child.
(2) The financial needs and resources of the surviving
parent or, if no other parent is alive or capable of caring
for the child, the guardian of the child, including the State
of Alabama if the state or a department or agency thereof is
the guardian.
(3) The standard of living the child would have
enjoyed.
(4) The physical and emotional condition of the child
and the child's educational needs.
(5) The child's physical and legal custody
arrangements.
(6) The reasonable work-related child care expenses of
the surviving parent or guardian.
(c) Child support ordered pursuant to this section
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(c) Child support ordered pursuant to this section
shall accrue from the date of the death of the child's parent
or guardian.
(d) Any individual against whom an order to pay child
support pursuant to this section is entered and shall be
subject to an income withholding order as set forth in Title
30, Chapter 3, Article 3, Code of Alabama 1975.
(e) If an individual ordered to pay child support
pursuant to this section is incarcerated and unable to pay the
ordered support, the individual shall have up to one year
after release from incarceration to begin payment, including
any arrearage. If any obligation ordered pursuant to this
section is to terminate due to the age of the child, but the
support obligation is not paid in full, payments shall
continue until the entire arrearage is paid.
Section 2. This act shall become effective on October
1, 2025.
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