House Bill 581 Alabama 2026 Session

Summary

Primary Sponsor

Ernie YarbroughRepresentative

Republican

Session

2026 Regular Session

Title

Child support; to require an individual convicted of driving under the influence to pay child support for the child of a victim under certain circumstances

Summary

HB581 would require a DUI offender to pay child support for the child of a DUI victim when the offense results in the death of that child's parent or guardian.

What This Bill Does

If a person is convicted of driving while under the influence and the offense causes the death of a child’s parent or guardian, the court must order that person to pay child support for the child. The amount can follow the standard child support guidelines or be set as reasonable and necessary based on factors like the child’s needs, the surviving parent’s resources, the standard of living, custody arrangements, and education needs. The support starts from the date of the parent’s death and lasts until the child is 18 or finishes high school, whichever comes later. It can be enforced like a civil judgment, and the bill states it does not grant parental rights; if the offender is incarcerated they have up to one year after release to begin payments, with arrearages payable in full.

Who It Affects

• Offenders convicted of DUI whose offense results in the death of a child's parent or guardian—will be ordered to pay ongoing child support for that child
• Children who lost a parent and their surviving parent or guardian who will rely on the ordered support for living and education costs

Key Provisions

• Adds a new requirement: a DUI offender whose offense causes the death of a child’s parent/guardian must pay child support for the child under Chapter 3, Title 30 until the child is 18 or graduates high school, whichever is later.
• Amount determined by the court using Alabama child support guidelines or by the court as reasonable and necessary, considering factors such as the child’s needs, surviving parent’s resources, standard of living, custody arrangements, and care/education expenses.
• Support accrues from the date of the parent’s death.
• Enforcement is the same as a civil judgment; income withholding is available.
• If the offender is incarcerated, they have up to one year after release to begin paying, including any arrearage.
• If the child’s age ends the obligation but arrearage remains, payments continue until arrearage is paid in full.
• The bill does not grant parental rights to the obligated individual.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Mar 5, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure