Missouri Joins Six States Requiring Drunk Drivers to Pay Child Support After Killing Parents
Missouri's legislature has passed Bentley and Mason's Law, requiring individuals convicted of intoxication-related vehicular manslaughter to pay child support to surviving children until they reach age 21. Named after Bentley and Mason Erickson, who lost both parents in a 2021 drunk driving crash in Carroll County, the bill now awaits Governor Mike Parson's signature. Missouri becomes the seventh state to enact such legislation, joining Tennessee, Alabama, Kentucky, Utah, Vermont, and Washington.
Key Facts: Bentley and Mason's Law
| Element | Details |
|---|---|
| What happened | Missouri legislature passed HB 1234 requiring DUI offenders to pay child support after killing parents |
| When | May 2026 legislative session |
| Who's affected | Children orphaned by drunk driving crashes in Missouri |
| Key requirement | Monthly payments until surviving children turn 21 |
| Named for | Bentley and Mason Erickson, orphaned in December 2021 |
| States with similar laws | 7 total (TN, AL, KY, UT, VT, WA, and now MO) |
How This Law Changes Missouri's Approach to Victim Compensation
Bentley and Mason's Law creates an entirely new category of court-ordered financial support in Missouri that bridges criminal law and family law. Under current Missouri law, victims of drunk driving crashes can pursue civil lawsuits for wrongful death damages under Mo. Rev. Stat. § 537.080, but collecting meaningful compensation often proves impossible when defendants have limited assets or file bankruptcy.
This legislation shifts the paradigm by making child support payments a condition of the criminal sentence itself. Missouri courts already have extensive experience calculating and enforcing child support through the Family Support Division, which processes over $1.2 billion in support payments annually. The new law leverages this existing infrastructure to ensure ongoing payments rather than one-time settlements that may never materialize.
The bill specifically targets individuals convicted of intoxication-related vehicular manslaughter, defined under Mo. Rev. Stat. § 565.024 as causing the death of another person while operating a vehicle with a blood alcohol content of 0.08% or higher. This crime carries penalties of 5-15 years imprisonment, and the child support obligation would commence upon the defendant's release.
Missouri's Child Support Framework Adapts to Criminal Restitution
Missouri calculates standard child support using Form 14, which considers both parents' gross income, healthcare costs, childcare expenses, and the custody arrangement. Bentley and Mason's Law will require courts to apply similar calculations when determining payment amounts, though the specific guidelines await final implementation rules from the Department of Social Services.
Under Mo. Rev. Stat. § 452.340, Missouri child support typically terminates when a child turns 18 or graduates high school, whichever comes later, up to age 21. Bentley and Mason's Law extends support to age 21 regardless of educational status, recognizing that children who lose parents to violent crimes face prolonged financial and emotional hardship.
Enforcement mechanisms mirror existing child support collection tools. The Missouri Family Support Division can intercept tax refunds, suspend driver's licenses, report delinquencies to credit bureaus, and seek contempt charges for non-payment. Incarcerated defendants would accrue support obligations during their sentences, creating immediate arrears upon release.
Tennessee's Experience Offers Implementation Insights
Tennessee became the first state to enact and enforce similar legislation, with courts issuing the first payment orders in 2024. Tennessee's law, known as Ethan's, Hailey's, and Bentley's Law, has resulted in support orders ranging from $400 to $1,200 monthly depending on the defendant's earning capacity and the number of surviving children.
Missouri legislators studied Tennessee's implementation challenges, particularly around defendants with minimal income or employment prospects. The Tennessee model allows courts to impute income based on minimum wage earnings, ensuring some level of support even when defendants claim inability to pay. Missouri's version includes similar provisions, authorizing courts to assign earning capacity based on work history, education, and local employment opportunities.
Alabama, Kentucky, Utah, Vermont, and Washington have all passed comparable laws since 2022, creating a growing national trend toward holding drunk drivers financially accountable for the children they orphan. According to Mothers Against Drunk Driving (MADD), approximately 1,000 children lose parents to drunk driving crashes annually in the United States.
Practical Takeaways for Missouri Families
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Surviving family members should preserve all documentation of the victim's income, including tax returns, pay stubs, and employment records, as these will establish the baseline for support calculations
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Children orphaned by drunk driving may be eligible for both criminal restitution under this new law and civil wrongful death damages under Mo. Rev. Stat. § 537.080
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Guardians appointed to care for surviving children should work with family law attorneys to ensure support orders are properly entered and enforced through Missouri's Family Support Division
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Families should not rely solely on this law for financial security, as defendants may have limited earning capacity, particularly after serving lengthy prison sentences
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The law does not apply retroactively to crashes that occurred before its effective date, meaning families of past victims cannot seek support under this statute
What This Means for Missouri Drunk Driving Cases
Prosecutors will now have an additional tool when negotiating plea agreements in fatal drunk driving cases. The prospect of decades-long support obligations may influence defendants to accept plea deals rather than risk trial, though the financial burden could also motivate more defendants to fight charges aggressively.
Defense attorneys will likely challenge the law's constitutionality, arguing it imposes punishment beyond the criminal sentence. However, courts in Tennessee have upheld similar statutes by characterizing the payments as civil restitution rather than criminal penalties. Missouri courts will likely follow this reasoning, particularly given the state's strong public policy favoring child support enforcement.
The law also raises practical questions about incarcerated defendants. Missouri's prison wages range from $0.05 to $0.30 per hour, making meaningful payments impossible during incarceration. Courts must balance the symbolic importance of immediate obligations against the reality that substantial payments will only begin after release.
FAQs About Bentley and Mason's Law
Does this law apply to crashes that already happened?
No, Bentley and Mason's Law does not apply retroactively. Only drunk driving fatalities occurring after the law's effective date qualify for court-ordered support. Families of past victims may still pursue wrongful death civil suits under Mo. Rev. Stat. § 537.080, but cannot obtain support orders under this new statute.
How much child support will drunk drivers have to pay?
Missouri courts will calculate support amounts using guidelines similar to Form 14, which considers the defendant's gross income and the children's needs. Based on Tennessee's experience, orders typically range from $400 to $1,200 monthly. Courts can impute minimum wage income if defendants are unemployed or underemployed.
What happens if the drunk driver goes to prison?
Support obligations will accrue during incarceration, creating arrears the defendant must pay upon release. Missouri law allows courts to set temporary reduced amounts during imprisonment, with automatic increases upon release. The Family Support Division can intercept any prison wages, though these typically total less than $50 monthly.
Can families receive both child support and wrongful death damages?
Yes, Bentley and Mason's Law creates a separate obligation from civil wrongful death claims. Families can pursue both criminal restitution through this statute and civil damages under Mo. Rev. Stat. § 537.080. However, courts may consider other compensation received when calculating support amounts.
Who receives the support payments?
Payments go to the surviving children's legal guardian or custodian. If children are placed with relatives, foster families, or adoptive parents, those caregivers receive and manage the support funds. The Missouri Family Support Division processes payments through the state disbursement unit, providing tracking and enforcement.
Connecting with a Missouri family law attorney can help surviving families understand how this new law interacts with wrongful death claims and guardian responsibilities.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.