Texas Law Requires Drivers Convicted of Intoxicated Manslaughter to Pay Child Support for Bereaved Sons and Daughters

In Texas, the consequences for driving while intoxicated can be severe, particularly if an accident results in the loss of life. Along with the criminal and civil liability normally associated with fatal crashes involving drunk drivers, Texas has added an additional criminal penalty for some of these cases. Now, a motorist who is guilty of intoxication manslaughter where the victim was the parent of a minor can be held responsible for paying child support to help meet the financial needs of the decedent’s surviving sons and daughters. 

Referred to during the legislative process as House Bill 393, the law operates on the principle that parents have a legal duty to support their children, and this duty doesn’t cease upon their death. Therefore, when a parent dies in a drunk driving accident, the court can order the intoxicated driver to pay child support to the surviving parent or guardian of the children.

Specific provisions of what is now Article 42.0375 of the state’s Code of Criminal Procedure include the following:

• Payment determination — The court is mandated to determine an amount to be paid monthly for the support of the child until the child reaches 18 years of age or graduates from high school, whichever is later. This ensures ongoing financial support for the child who lost their parent. No payment obligation can last after the youth turns 19 years old. 
• Factors considered — As part of the child evaluation, the judge must consider various factors, such as the financial needs and resources of the child and the surviving parent or guardian. Other relevant information includes the child’s standard of living, educational needs, physical and emotional condition, custody arrangements and work-related child care expenses.
• Payment schedule for incarcerated individuals — If someone guilty of intoxication manslaughter is unable to make restitution payments due to incarceration, they must begin payments within a year of their release from the correctional facility. They may enter into a payment plan to address any arrearage that exists upon release.

Restitution paid under this provision is deducted from any civil judgment against the defendant. 

Article 42.0375 aims to ensure that children affected by intoxication manslaughter receive financial support and imposes an additional severe penalty on individuals who are convicted of this offense. If you’ve been accused causing a fatal accident while under the influence, The Law Firm of Richard L. Ellison, P.C. in Kerrville will protect your rights. For a consultation with a Board-certified Texas criminal law attorney, please call 830-955-8168 or contact me online.