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HB581
MS7DKWH-1
By Representative Yarbrough
RFD: Judiciary
First Read: 05-Mar-26
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MS7DKWH-1 03/05/2026 GED (L)ma 2026-1145
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First Read: 05-Mar-26
SYNOPSIS:
Existing law provides for criminal and civil
penalties for the offense of driving while under the
influence.
This bill would require an individual convicted
of driving while under the influence to pay child
support for the child of a victim of the offense if the
offense leads to the death of the parent or guardian of
the child.
A BILL
TO BE ENTITLED
AN ACT
Relating to child support; to require an individual
convicted of driving while under the influence to pay child
support in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) In addition to the penalties prescribed
for driving while under the influence under Section 32-5A-191,
Code of Alabama 1975, and in addition to any restitution
required pursuant to Article 4A of Chapter 18 of Title 15,
Code of Alabama 1975, if an individual is convicted of driving
while under the influence pursuant to Section 32-5A-191, Code
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while under the influence pursuant to Section 32-5A-191, Code
of Alabama 1975, and the offense causes the death of a child's
parent or guardian, that individual shall be ordered to pay
child support for the child pursuant to Chapter 3 of Title 30,
Code of Alabama 1975, until the child reaches 18 years of age
or has graduated high school, whichever is later.
(b) Child support ordered pursuant to subsection (a)
may be calculated by the court according to the child support
guidelines established by Rule 32 of the Alabama Rules of
Judicial Administration based upon the circumstances during
the time period for which support is ordered, or may otherwise
be ordered by the court in an amount determined by the court
to be reasonable and necessary to support the child after
considering the following factors:
(1) The financial needs and resources of the child.
(2) The financial needs and resources of the surviving
parent or, if no other parent is alive or capable of caring
for the child, the guardian of the child, including the State
of Alabama if the state or a department or agency of the state
is the guardian.
(3) The standard of living the child would have enjoyed
had his or her parent or guardian lived.
(4) The physical and emotional condition of the child
and the child's educational needs.
(5) The child's physical and legal custody
arrangements.
(6) The reasonable work-related child care expenses of
the surviving parent or guardian.
(c) Child support ordered pursuant to this section
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(c) Child support ordered pursuant to this section
shall accrue from the date of the death of the child's parent
or guardian.
(d) Any individual against whom an order to pay child
support pursuant to this section is entered shall be subject
to an income withholding order as set forth in Article 3 of
Chapter 3 of Title 30, Code of Alabama 1975.
(e)(1) If an individual ordered to pay child support
pursuant to this section is incarcerated and unable to pay the
ordered support, the individual shall have up to one year
after release from incarceration to begin payment, including
any arrearage.
(2) If any obligation ordered pursuant to this section
is to terminate due to the age of the child, but the support
obligation is not paid in full, payments shall continue until
the entire arrearage is paid.
(f) A child support order issued pursuant to this
section may be enforced by the issuing court in the same
manner as a judgment in a civil action.
(g) Nothing in this section may be construed to provide
any parental rights to an individual ordered to pay child
support under this section.
Section 2. This act shall become effective on October
1, 2026.
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