UNOFFICIAL COPY 23 RS BR 1316
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AN ACT relating to child support after driving under the influence. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Disabled": 6
1. Means a legal disability, not a medical disability, as is measured by 7
functional inabilities; and 8
2. Includes inabilities caused by psychological, psychiatric, or stress-9
related trauma, and refers to any person seventeen (17) years of age or 10
older who is unable to make informed decisions with respect to his or 11
her personal affairs to the extent that he or she lacks the capacity to 12
provide for his or her physical health and safety or the physical health 13
and safety of a minor child, including but not limited to health care, 14
food, shelter, clothing, or personal hygiene; and 15
(b) "Totally and permanently disabled": 16
1. Means the inability to do any substantial gainful activity by reason of 17
any medically determinable physical or mental impairment which can 18
be expected to result in death or which has lasted or can be expected to 19
last for a continuous period of not less than twelve (12) months; and 20
2. Includes a finding of permanent total disability by the Social Security 21
Administration that a person is disabled and qualifies for benefits or a 22
finding by an administrative law judge under KRS Chapter 342. 23
(2) (a) Notwithstanding any law to the contrary, if a defendant is convicted of a 24
violation of KRS 189A.010 and the violation caused the death of a parent or 25
guardian of a minor child or resulted in a finding by the court that a parent 26
or guardian of a minor child is disabled or totally and permanently disabled, 27 UNOFFICIAL COPY 23 RS BR 1316
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then the sentencing court shall order the defendant to pay restitution in the 1
form of child support to each of the victim's children or dependents until 2
each child reaches eighteen (18) years of age, or under nineteen (19) years 3
of age if the child is still enrolled in high school. 4
(b) The court shall determine an amount that is reasonable and necessary for 5
the maintenance of the victim's child or dependent after considering all 6
relevant factors, including the: 7
1. Financial needs and resources of the child or dependent; 8
2. Financial resources and needs of the surviving parent or guardian of 9
the child or dependent; 10
3. Standard of living to which the child or dependent is accustomed; 11
4. Physical and emotional condition of the child or dependent and the 12
child's or dependent's educational needs; 13
5. Child's or dependent's physical and legal custody arrangements; and 14
6. Reasonable child care expenses of the surviving parent or guardian. 15
(3) The court shall order that child support payments be made to the child support 16
office as trustee for remittance to the child's surviving parent or guardian. The 17
child support office shall remit the payments to the surviving parent or guardian 18
within ten (10) days of receipt. The child support office shall deposit all payments 19
no later than the next day after receipt. 20
(4) If a defendant who is ordered to pay child support under this section is 21
incarcerated and unable to pay the required restitution, the defendant shall have 22
up to one (1) year after the release from incarceration to begin payment, 23
including entering into a payment plan to address any arrearage. 24
(5) If a defendant's child support payments are set to terminate but the defendant's 25
obligation is not paid in full, the child support payments shall continue until the 26
entire arrearage is paid. 27 UNOFFICIAL COPY 23 RS BR 1316
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(6) (a) If the surviving parent or guardian of the child or dependent brings a civil 1
action against the defendant before the sentencing court orders child 2
support payments as restitution and the surviving parent or guardian 3
obtains a judgment in the civil suit, child support shall not be ordered under 4
this section. 5
(b) If the court orders the defendant to make child support payments as 6
restitution under this section and the surviving parent or guardian 7
subsequently brings a civil action and obtains a judgment, the child 8
maintenance order shall be offset by the amount of the judgment awarded 9
for lost wages or permanent impairment of the power to work and earn 10
money in the civil action. 11
Section 2. This Act may be cited as Melanie's Law. 12