HB114 Alabama 2022 Session

Summary

Primary Sponsor

Proncey Robertson

Republican

Session

Regular Session 2022

Title

Child support, requires individuals convicted of driving while under the influence to pay child support for children of deceased victims

Summary

HB114 would require a DUI offender whose crime results in a child's parent or guardian dying to pay child support for that child until the child turns 19.

What This Bill Does

If a DUI conviction under the specified law causes the death of a child’s parent or guardian, the offender must be ordered to pay child support for the child. The amount can follow existing child support guidelines or be set by the court, based on factors like the child's needs, the surviving parent’s resources, and custody arrangements. Support starts from the date of death and can be withheld from the offender’s income; if the offender is incarcerated, they have up to one year after release to begin payments, and any arrearage must be paid even after the child turns 19 if not yet fully paid.

Who It Affects

• Individuals convicted of driving while under the influence (DUI) whose offense results in the death of a child’s parent or guardian, who will be ordered to pay child support for that child until age 19.
• Children who lose a parent or guardian due to a DUI-related death and their surviving parent or guardian (including, if applicable, the state as guardian) who may receive support payments and be considered in calculating needs and resources.

Key Provisions

• Creates the DUI and Child Compensation and Recovery Act to add a child-support obligation when a DUI offense causes a parent’s or guardian’s death.
• Requires the convicted individual to pay child support for the affected child until the child reaches 19, in addition to other penalties and restitution.
• Allows the amount to be determined by child support guidelines or by court, using factors such as the child’s needs, surviving parent’s resources, standard of living, custody, and childcare expenses.
• Accrues child support from the date of the parent’s or guardian’s death and includes income withholding to collect payments.
• If the offender is incarcerated, provides up to one year after release to start payments, including any arrearage, and requires continued payment of arrearage even if the child reaches 19.
• Effective date: becomes law on the first day of the third month after governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Child Support