New Jersey Assembly Bill A4088

New Jersey 2022-2023 Regular Session

• Introduced: 5/26/22
• Refer: 5/26/22

Caption

Requires court to order financial support for child if child's parent or guardian is killed by drunk driver.

Impact

The introduction of A4088 significantly alters existing provisions concerning vehicular homicide and child support laws in New Jersey. This bill ensures that the defendants responsible for fatalities resulting from drunk driving are held financially accountable for the welfare of the resulting orphans. It aims to provide a secure financial foundation for children who may otherwise face economic hardships due to the loss of their caregiver. This initiative is expected to alleviate the financial burden on surviving family members or state-supported care services.

Summary

Assembly Bill A4088 addresses the notion of financial responsibility towards children who lose a parent or guardian due to the actions of a drunk driver. The bill mandates that if a person is convicted of reckless vehicular homicide while driving under the influence, the court is required to order that individual to provide financial support for any minor children of the deceased parent or guardian. This support obligation continues until the child reaches either the age of 18 or graduates from high school, whichever comes later, or until the age of 21 in cases of disability.

Contention

Despite its intentions, A4088 may face criticisms regarding the implications it has on the judicial process and defendants' rights. Critics might argue that mandating financial support could further complicate legal proceedings, particularly for individuals who may face incarceration as a result of their driving offenses. Additionally, the calculations for determining the financial support amount could lead to contentious hearings as the court considers multiple factors, potentially stirring debate over what constitutes an adequate standard of living and needs for the children involved.