SB167 Alabama 2025 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

2025 Regular Session

Title

Child support, individual convicted of driving while under the influence required to pay child support in certain circumstances

Summary

SB167 would require a DUI offender to pay child support for the child of a DUI victim if the offense results in the death of the child’s parent or guardian.

What This Bill Does

If a DUI conviction leads to the death of the child’s parent or guardian, the offender must pay child support for the child until the child turns 19. The amount can follow state child support guidelines or be set by the court based factors like the child’s needs, the surviving parent’s resources, living standard, custody arrangements, and education needs. The support order can be collected through income withholding and starts from the date of the death; if the offender is incarcerated, they have up to one year after release to begin payments, including any arrearage, and payments continue until any arrearage is fully paid even if the child would otherwise age out.

Who It Affects

• The child of the DUI victim, who would receive ongoing child support until age 19.
• The person convicted of DUI (the offender), who would be ordered to pay child support for the child.

Key Provisions

• Adds a requirement that a DUI offender pay child support for the child when the offense causes the death of the child’s parent or guardian, under Chapter 3 of Title 30.
• Allows child support amounts to follow existing guidelines or be set by the court using factors such as the child’s needs, surviving parent’s resources, standard of living, custody arrangements, and child care expenses.
• Accrual of child support begins on the date of the parent/guardian’s death.
• Requires income withholding to collect the ordered support.
• If the offender is incarcerated, they have up to one year after release to begin paying, including any arrearage.
• If the support obligation would end because the child ages out, payments continue until any arrearage is fully paid.
• Effective date: October 1, 2025.

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

Subjects

Criminal Procedure