FIRST REGULAR SESSION
SENATE BILL NO. 235
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HENDERSON.
1311S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 454, RSMo, by adding thereto one new section relating to child maintenance
orders for certain persons convicted of driving while intoxicated.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 454, RSMo, is amended by adding thereto 1
one new section, to be known as section 454.1050, to read as 2
follows:3
454.1050. 1. This section shall be known and may be 1
cited as "Bentley's Law". 2
2. If a person is convicted of the o ffense of driving 3
while intoxicated, such offense caused the death of a parent 4
or parents of a child or children, and a surviving parent or 5
guardian files a petition to receive child maintenance from 6
the person convicted of such offense, such person sh all be 7
ordered by the court to pay child maintenance to the child 8
or children until the child or children: 9
(1) Die; 10
(2) Marry; 11
(3) Enter active military duty; 12
(4) Reach eighteen years of age unless the provisions 13
of subsection 3 of this section apply; or 14
(5) Reach twenty-one years of age unless the 15
provisions of the maintenance order specifically extend 16
beyond the child's or children's twenty -first birthdays for 17 SB 235 2
reasons provided under subdivision (1) of subsection 3 of 18
this section. 19
3. (1) If the child or children are physically or 20
mentally incapacitated from supporting themselves and 21
insolvent and unmarried, the court may extend the 22
maintenance obligation past the child's or children's 23
eighteenth birthday. 24
(2) (a) If the child or children reach eighteen years 25
of age and are enrolled in and attending a secondary school 26
program of instruction, maintenance shall continue, if the 27
child or children continue to attend and progress toward 28
completion of such program, until the child or children 29
complete such program or reach twenty -one years of age, 30
whichever first occurs. 31
(b) If the child or children are enrolled in an 32
institution of vocational or higher education no later than 33
October first follow ing graduation from a secondary school 34
or completion of a graduation equivalence degree program and 35
so long as the child or children enroll for and complete at 36
least twelve hours of credit each semester, not including 37
the summer semester, at an institu tion of vocational or 38
higher education and achieve grades sufficient to reenroll 39
at such institution, maintenance shall continue until the 40
child or children complete their education or until the 41
child or children reach twenty -one years of age, whicheve r 42
first occurs. To remain eligible for such continued 43
maintenance, at the beginning of each semester the child or 44
children shall submit to the court a transcript or similar 45
official document provided by the institution of vocational 46
or higher education that includes the courses the child or 47
children are enrolled in and have completed for each term, 48
the grades and credits received for each such course, and an 49 SB 235 3
official document from the institution listing the courses 50
that the child or children are enrolled in for the upcoming 51
term and the number of credits for each such course. When 52
enrolled in at least twelve credit hours, if the child or 53
children receive failing grades in half or more of the 54
child's or children's courseload in any one semeste r, 55
payment of maintenance for the child or children receiving 56
the failing grades may be terminated and shall not be 57
eligible for reinstatement. Upon request for notification 58
of the child's or children's grades by the court, the child 59
or children shall produce the required documents to the 60
court within thirty days of receipt of grades from the 61
education institution. If the child or children fail to 62
produce the required documents, payment of maintenance may 63
terminate without the accrual of any main tenance arrearage 64
and shall not be eligible for reinstatement. If the 65
circumstances of the child or children manifestly dictate, 66
the court may waive the October first deadline for 67
enrollment required by this subdivision. As used in this 68
subdivision, "institution of vocational education" means any 69
postsecondary training or schooling for which the child is 70
assessed a fee and attends classes regularly. "Higher 71
education" means any community college, college, or 72
university at which the child attends classes regularly. A 73
child or children who have been diagnosed with a 74
developmental disability, as defined under section 630.005, 75
or whose physical disability or diagnosed health problem 76
limits the child's or children's ability to carry the number 77
of credit hours prescribed in this subdivision, shall remain 78
eligible for maintenance so long as such child or children 79
are enrolled in and attending an institution of vocational 80
or higher education and the child or children continue to 81 SB 235 4
meet the other requirements of this subdivision. A child or 82
children who are employed at least fifteen hours per week 83
during the semester may take as few as nine credit hours per 84
semester and remain eligible for maintenance so long as all 85
other requirements of this s ubdivision are complied with. 86
4. The court shall order the person convicted of the 87
offense of driving while intoxicated as provided under 88
subsection 2 of this section to pay maintenance in an amount 89
that is reasonable or necessary for the maintena nce of the 90
child or children after considering all relevant factors, 91
including: 92
(1) The financial needs and resources of the child or 93
children; 94
(2) The financial resources and needs of the surviving 95
parent or, if no other parent is alive or capable of caring 96
for the child or children, the guardian of the child or 97
children, including the state if the state is the guardian; 98
(3) The standard of living the child or children would 99
have enjoyed; 100
(4) The physical and emotional condit ion of the child 101
or children and the child's or children's educational needs; 102
(5) The child's or children's physical and legal 103
custody arrangements; and 104
(6) The reasonable work-related child care expenses of 105
the surviving parent or guardian. 106
5. In addition to the relevant factors listed under 107
subsection 4 of this section, the court shall consider the 108
guidelines set out under subsection 8 of section 452.340 and 109
Missouri Supreme Court Civil Procedure Rule Form 14 in 110
determining the amount reasonable or necessary for the 111
maintenance of the child or children. 112 SB 235 5
6. (1) The court shall order that child maintenance 113
payments be made to the circuit clerk as trustee for 114
remittance to the surviving parent or guardian entitled to 115
receive the payments. The circuit clerk shall remit such 116
payments to the surviving parent or guardian within three 117
working days of receipt by the circuit clerk. Circuit 118
clerks shall deposit all receipts no later than the next 119
working day after receipt. 120
(2) As an alternative to subdivision (1) of this 121
subsection, the court may, upon its own motion, order that 122
maintenance payments be made to the family support payment 123
center established under section 454.530 as trustee for 124
remittance to the survivin g parent or guardian. However, 125
the court shall not order payments to be made to the payment 126
center if the family support division notifies the court 127
that such payments shall not be made to the center. In such 128
cases, payments shall be made to the cler k as trustee until 129
the division notifies the court that payments shall be 130
directed to the payment center. 131
7. In addition to any other remedy provided by law for 132
the enforcement of child maintenance, if a maintenance order 133
has been entered, the di rector of the family support 134
division or the director's designee shall issue an order 135
directing any employer or other payer of the person required 136
to pay child maintenance under this section to withhold and 137
pay over to the family support division or th e clerk of the 138
circuit court in the county in which a trusteeship is or 139
will be established moneys due or to become due to the 140
surviving parent or guardian for the child or children in an 141
amount not to exceed federal wage garnishment limitations. 142
8. If a person ordered to pay child maintenance under 143
this section is incarcerated and unable to pay the required 144 SB 235 6
maintenance, the person shall have up to one year after the 145
release from incarceration to begin payment, including any 146
arrearage. If any obligation under this section is to 147
terminate as provided under subsection 2 of this section but 148
the person's obligation is not paid in full, payments shall 149
continue until the entire arrearage is paid. 150
9. (1) If the surviving parent or guardian of the 151
child or children brings a civil action against the person 152
convicted of driving while intoxicated prior to any child 153
maintenance order under this section and the surviving 154
parent or guardian obtains a judgment in his or her favor in 155
the civil suit, no maintenance shall be ordered under this 156
section. 157
(2) If the court orders child maintenance under this 158
section but the surviving parent or guardian brings a civil 159
action and obtains a judgment in his or her favor, the child 160
maintenance order shall offset the judgment awarded in the 161
civil action. 162
10. The provisions of any order respecting maintenance 163
under this section may be modified only upon a showing of 164
changed circumstances so substantial and continuing as to 165
make the terms unreasonable. 166