Texas’s New Law Mandates Child Support Payments From Drunken Drivers Who Cause Parental Deaths

texas child support payments Drunk Drivers parental death

By E.Baloyo , Parent Herald Sep 02, 07:25 am

Photo: (Photo : Tristan Fewings / Getty Images)

In an unprecedented legal move, Texas introduces a law that will require drunk drivers who cause the death of a parent to make child support payments to the deceased's children.

The law, which came into effect this past Friday, has sparked various discussions on its practicality and emotional impact on families.

Groundbreaking Texas Legislation Takes Effect

In an initiative aimed at providing financial relief to children who suffer a parent's death due to drunk driving incidents, Texas has recently enacted a groundbreaking law.

Known as House Bill 393, the legislation was signed into law by Texas Governor Greg Abbott on June 2nd and officially took effect this past Friday.

The new Texas law requires drunk drivers who are found responsible for a parental death to make child support payments until the affected children turn 18 or graduate from high school, whichever comes later.

Governor Abbott expressed his strong feelings about the issue, tweeting on July 25th, "The loss of a parent is tragic under any circumstances, but when it occurs due to a drunk driver, it's especially devastating."

How Texas Courts Will Calculate Child Support Payments

Determining child support payments isn't as straightforward as it may appear. The courts in Texas are tasked with calculating these payments based on several different factors. Among them are the financial needs of the child or children left behind, the economic capabilities of the surviving parent or guardian, and the financial resources of the drunk driver who caused the parental death.

Texas law stipulates that child support payments will be made to either the surviving parent or guardian or, if the child is in state custody, to the Texas Department of Family and Protective Services.

Should a defendant be incarcerated and therefore unable to make the necessary child support payments, the law in Texas dictates that these payments must resume no later than one year after the defendant's release. Furthermore, any missed payments must be fully settled, regardless of the time spent in prison.

Legal and Ethical Questions Surround the Law

While the law appears to be well-intended, some legal experts in Texas, including veteran family law attorney Randy Essenburg, have expressed concerns.

Essenburg asks, "What about scenarios where the drunk driver responsible for the parental death is herself a mother of three? How would that play out in Texas courts for her children?"

Moreover, the emotional burden that multiple child support hearings could place on a grieving family should not be underestimated. She added that some families may not be willing to face the person responsible for such anguish repeatedly in court.

Legal experts also predict that this Texas law could influence the criminal justice system in an unexpected way. Because the legislation aims to secure child support payments, there's speculation that this could result in lighter sentences for those convicted of causing a parent's death while intoxicated. This would ostensibly enable them to work and continue to provide child support for the victims' families.

The new law in Texas, while groundbreaking, certainly brings up numerous legal and ethical issues that may need to be ironed out as it gets implemented. On the one hand, the law provides a potentially more reliable means of securing child support payments compared to a lengthy civil lawsuit.

On the other hand, the emotional toll and complex legal scenarios that may arise cannot be ignored.

As it stands, the law serves as both a punitive and restorative measure, but time will tell how effective it will be in achieving its intended objectives.