Texas law mandates that individuals convicted of driving under the influence and causing the death of a child’s parent or guardian must provide financial support until the child reaches the age of 18.

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A new Texas law mandates that individuals convicted of causing the death of parents or guardians due to drunk driving must provide child support to the affected children until they reach the age of 18.

Bipartisan House Bill 393 came into effect on Friday, September 1.

Children will continue to receive support until they reach the age of 18 or graduate from high school, whichever occurs later.

Governor Greg Abbott signed the bill into law on June 2, expressing his sentiments on July 25th via Twitter: “The loss of a parent is always tragic, but when it occurs due to the actions of a drunk driver, it is particularly abhorrent.”

The court will determine the monthly payment, considering several factors, including the financial needs of the child, the surviving parent or guardian (if applicable), and the financial resources of the defendant.

These payments are directed to either the surviving parent or guardian or the Department of Family and Protective Services if the child is placed under their care.

In cases where the defendant cannot meet the required payments due to incarceration, they are obligated to initiate payments within one year after their release.

The law explicitly states, “The defendant must settle all arrearages, regardless of whether the restitution payments were originally scheduled to conclude during the defendant’s confinement or imprisonment in a correctional facility.”