Bentley and Mason's law

454.1050. Bentley and Mason's law — child maintenance ordered for drunk driving offenses causing death of a parent — duration — factors — procedure — incarceration, payments — offset for civil action, when. — 1. This section shall be known and may be cited as "Bentley and Mason's Law".

2. If a person has been convicted of, pled guilty to, or entered a plea of nolo contendere to an offense under section* 577.010 or 577.012, such offense caused the death of a parent or parents of a child or children, and a surviving parent or guardian files a petition to receive child maintenance from the person, such person shall be ordered by the court to pay child maintenance to the child or children until the child or children:

(1) Die;

(2) Marry;

(3) Enter active military duty;

(4) Reach eighteen years of age unless the provisions of subsection 3 of this section apply; or

(5) Reach twenty-one years of age unless the provisions of the maintenance order specifically extend beyond the child's or children's twenty-first birthdays for reasons provided under subdivision (1) of subsection 3 of this section.

3. (1) If the child or children are physically or mentally incapacitated from supporting themselves and insolvent and unmarried, the court may extend the maintenance obligation past the child's or children's eighteenth birthday.

(2) (a) If the child or children reach eighteen years of age and are enrolled in and attending a secondary school program of instruction, maintenance shall continue, if the child or children continue to attend and progress toward completion of such program, until the child or children complete such program or reach twenty-one years of age, whichever first occurs.

(b) If the child or children are enrolled in an institution of vocational or higher education no later than October first following graduation from a secondary school or completion of a graduation equivalence degree program and so long as the child or children enroll for and complete at least twelve hours of credit each semester, not including the summer semester, at an institution of vocational or higher education and achieve grades sufficient to reenroll at such institution, maintenance shall continue until the child or children complete their education or until the child or children reach twenty-one years of age, whichever first occurs. To remain eligible for such continued maintenance, at the beginning of each semester the child or children shall submit to the court a transcript or similar official document provided by the institution of vocational or higher education that includes the courses the child or children are enrolled in and have completed for each term, the grades and credits received for each such course, and an official document from the institution listing the courses that the child or children are enrolled in for the upcoming term and the number of credits for each such course. When enrolled in at least twelve credit hours, if the child or children receive failing grades in half or more of the child's or children's courseload in any one semester, payment of maintenance for the child or children receiving the failing grades may be terminated and shall not be eligible for reinstatement. Upon request for notification of the child's or children's grades by the court, the child or children shall produce the required documents to the court within thirty days of receipt of grades from the education institution. If the child or children fail to produce the required documents, payment of maintenance may terminate without the accrual of any maintenance arrearage and shall not be eligible for reinstatement. If the circumstances of the child or children manifestly dictate, the court may waive the October first deadline for enrollment required by this subdivision. As used in this subdivision, "institution of vocational education" means any postsecondary training or schooling for which the child is assessed a fee and attends classes regularly. "Higher education" means any community college, college, or university at which the child attends classes regularly. A child or children who have been diagnosed with a developmental disability, as defined under section 630.005, or whose physical disability or diagnosed health problem limits the child's or children's ability to carry the number of credit hours prescribed in this subdivision, shall remain eligible for maintenance so long as such child or children are enrolled in and attending an institution of vocational or higher education and the child or children continue to meet the other requirements of this subdivision. A child or children who are employed at least fifteen hours per week during the semester may take as few as nine credit hours per semester and remain eligible for maintenance so long as all other requirements of this subdivision are complied with.

4. The court shall order the person who was convicted, pled guilty to, or entered a plea of nolo contendere to an offense under section* 577.010 or 577.012 as provided under subsection 2 of this section to pay maintenance in an amount that is reasonable or necessary for the maintenance of the child or children after considering all relevant factors, including:

(1) The financial needs and resources of the child or children;

(2) The financial resources and needs of the surviving parent or, if no other parent is alive or capable of caring for the child or children, the guardian of the child or children, including the state if the state is the guardian;

(3) The standard of living the child or children would have enjoyed;

(4) The physical and emotional condition of the child or children and the child's or children's educational needs;

(5) The child's or children's physical and legal custody arrangements; and

(6) The reasonable work-related child care expenses of the surviving parent or guardian.

5. In addition to the relevant factors listed under subsection 4 of this section, the court shall consider the guidelines set out under subsection 8 of section 452.340 and Missouri supreme court civil procedure rule form 14 in determining the amount reasonable or necessary for the maintenance of the child or children.

6. (1) The court shall order that child maintenance payments be made to the circuit clerk as trustee for remittance to the surviving parent or guardian entitled to receive the payments. The circuit clerk shall remit such payments to the surviving parent or guardian within three working days of receipt by the circuit clerk. Circuit clerks shall deposit all receipts no later than the next working day after receipt.

(2) As an alternative to subdivision (1) of this subsection, the court may, upon its own motion, order that maintenance payments be made to the family support payment center established under section 454.530 as trustee for remittance to the surviving parent or guardian. However, the court shall not order payments to be made to the payment center if the family support division notifies the court that such payments shall not be made to the center. In such cases, payments shall be made to the clerk as trustee until the division notifies the court that payments shall be directed to the payment center.

7. In addition to any other remedy provided by law for the enforcement of child maintenance, if a maintenance order has been entered, the director of the family support division or the director's designee shall issue an order directing any employer or other payer of the person required to pay child maintenance under this section to withhold and pay over to the family support division or the clerk of the circuit court in the county in which a trusteeship is or will be established moneys due or to become due to the surviving parent or guardian for the child or children in an amount not to exceed federal wage garnishment limitations.

8. If a person ordered to pay child maintenance under this section is incarcerated and unable to pay the required maintenance, the person shall have up to one year after the release from incarceration to begin payment, including any arrearage. If any obligation under this section is to terminate as provided under subsection 2 of this section but the person's obligation is not paid in full, payments shall continue until the entire arrearage is paid.

9. (1) If the surviving parent or guardian of the child or children brings a civil action on behlaf of such child or children against the person who was convicted of, pled guilty to, or entered a plea of nolo contendere to an offense under section* 577.010 or 577.012 prior to any child maintenance order under this section and the surviving parent or guardian obtains a judgment in his or her favor in the civil suit, no maintenance shall be ordered under this section.

(2) If the court orders child maintenance under this section but the surviving parent or guardian brings a civil action and obtains a judgment on behlaf of such child or chilren in his or her favor, the child maintenance order shall offset the judgment awarded in the civil action.

(3) If the surviving parent or guardian obtains a payment from any motor vehicle liability insurer relating to the death of the parent or parents, then the child maintenance order shall be offset by the amount obtained from such insurer.

(4) No funds received under section 595.045 shall result in a reduction of an amount provided by a child maintenance order under this section.

10. The provisions of any order respecting maintenance under this section may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.