Missouri Legislature Passes Bentley's Law Requiring Drunk Drivers to Pay Child Support
Missouri is poised to become the seventh state requiring convicted drunk drivers who kill parents to pay child support to surviving children. House Bill 1910 and Senate Bill 1135 passed both chambers in May 2025 and now await Governor Mike Kehoe's signature. The legislation uses Missouri's existing child support guidelines under Mo. Rev. Stat. § 452.340 to calculate payments that would continue until the child reaches age 18 or age 21 if still in school.
Key Facts About Missouri's Bentley's Law
| Element | Details |
|---|---|
| What Happened | Missouri legislature passed HB 1910 and SB 1135 |
| Status | Awaiting Governor Mike Kehoe's signature |
| Named After | Bentley, who lost both parents to a drunk driver in 2021 |
| Payment Duration | Until child turns 18 (or 21 if enrolled in school) |
| Calculation Method | Standard Missouri child support guidelines |
| Other States | Tennessee, Alabama, Georgia, Louisiana, Texas, Kentucky have similar laws |
The Tragic Story Behind the Legislation
Bentley's Law takes its name from Bentley, a Missouri boy who was orphaned at age 4 when drunk driver David Thurby struck his parents' vehicle on October 30, 2021. Thurby, who had a blood alcohol content of 0.134 percent (nearly twice the legal limit of 0.08 percent), killed both Cordell and Lacey Williams in the crash. The collision left Bentley and his two siblings without parents and without the financial support their mother and father would have provided over the following 14 years.
The original legislation was championed by Bentley's grandmother, Cecilia Williams, who testified before the Missouri legislature about the long-term financial devastation families face after losing wage-earning parents to impaired driving.
How the Law Would Calculate Support Payments
Missouri's Bentley's Law requires courts to use the same Form 14 child support calculation worksheet applied in divorce and paternity cases under Mo. Rev. Stat. § 452.340. The state's guidelines consider the convicted driver's gross monthly income, the number of children affected, health insurance costs, and childcare expenses. Missouri courts presume the calculated amount is correct unless deviation is justified by specific factors listed in the statute.
For a convicted driver earning $60,000 annually with one surviving child, Missouri's guidelines would produce monthly support obligations between $800 and $1,100. Over 14 years (from age 4 to 18), that totals approximately $134,400 to $184,800 in court-ordered payments. The obligation extends to age 21 if the child remains enrolled in an accredited educational institution, potentially adding another $28,800 to $39,600.
Criminal Conviction Triggers the Obligation
The support obligation under Bentley's Law attaches only after a criminal conviction for driving while intoxicated causing death. Under Mo. Rev. Stat. § 565.024, involuntary manslaughter involving intoxication is a Class B felony carrying 5 to 15 years imprisonment. The child support order would be issued as part of the criminal sentencing process, creating a civil obligation that survives alongside any prison term.
Defendants cannot discharge Bentley's Law child support obligations through bankruptcy. Under 11 U.S.C. § 523(a)(5), domestic support obligations are non-dischargeable, and courts in states with similar laws have classified these payments as support rather than restitution.
Missouri Joins Six States with Similar Legislation
Tennessee enacted the first Bentley's Law in 2022, followed by Alabama, Georgia, Louisiana, Texas, and Kentucky over the subsequent two years. Each state's version differs slightly in calculation methods and age cutoffs. Tennessee terminates payments at 18 regardless of educational status, while Texas extends obligations to 21 for children pursuing higher education. Missouri's version aligns with Texas by including the educational extension provision.
National advocacy groups report that approximately 10,000 children lose parents to drunk driving crashes annually in the United States. Before Bentley's Law statutes, these children had limited civil recourse — wrongful death lawsuits often recovered little from defendants with minimal assets and inadequate insurance coverage.
How This Differs from Traditional Wrongful Death Claims
Missouri families can already pursue wrongful death claims under Mo. Rev. Stat. § 537.080, but these civil suits face significant practical limitations. Wrongful death damages are capped at $948,150 for non-economic losses as of 2024, and collection depends on the defendant's assets and insurance coverage. Many drunk drivers carry only Missouri's minimum liability coverage of $25,000 per person, leaving families with uncollectible judgments.
Bentley's Law creates a different enforcement mechanism. Child support orders can be enforced through wage garnishment, tax refund interception, professional license suspension, and contempt proceedings. The Missouri Family Support Division would handle enforcement the same way it collects delinquent child support from non-custodial parents, including reporting arrearages to credit bureaus.
What Happens If the Convicted Driver Is Incarcerated
Missouri law under Mo. Rev. Stat. § 452.340.8 currently allows incarcerated parents to request child support modifications, but courts have discretion to deny modifications if the incarceration resulted from intentional criminal conduct. Several states with Bentley's Laws have explicitly prohibited modification or abatement during incarceration, reasoning that the defendant's choices created both the obligation and the inability to pay.
Upon release, any accrued arrearages would remain enforceable. A defendant incarcerated for 10 years on an involuntary manslaughter conviction could owe $96,000 to $132,000 in back support before earning their first post-release paycheck.
Practical Implications for Missouri Families
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Families who lost parents to drunk driving after October 30, 2021 (when the Williams crash occurred) should monitor whether the law applies retroactively to pending cases or only prospectively to future convictions.
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Guardians caring for orphaned children should coordinate with the prosecuting attorney's office to ensure child support orders are included in sentencing recommendations.
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Families with existing wrongful death judgments should consult an attorney about whether Bentley's Law provides additional enforcement mechanisms beyond their civil judgment.
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Children approaching age 18 who are enrolled in educational programs should document their enrollment status to preserve support obligations through age 21.
FAQs About Missouri's Bentley's Law
Does Bentley's Law apply to crashes that already occurred?
The legislation does not specify a retroactivity provision as of the current text. Courts typically apply new criminal sentencing provisions prospectively to offenses committed after the effective date. Crashes before the law's effective date would not trigger the child support requirement unless the defendant is convicted after the law takes effect.
How is the child support amount calculated under Bentley's Law?
Missouri courts use the same Form 14 guidelines applied in divorce cases under Mo. Rev. Stat. § 452.340. The calculation considers the convicted driver's gross income, number of affected children, and standard deductions. A driver earning $5,000 monthly with two surviving children would owe approximately $1,300 to $1,500 per month under current guidelines.
Can the convicted driver reduce payments if they cannot afford them?
Missouri permits child support modifications for substantial and continuing changes in circumstances under Mo. Rev. Stat. § 452.370. Courts have discretion to deny modifications when the inability to pay results from the defendant's criminal conduct. Several states with similar laws explicitly prohibit modifications during incarceration.
What happens if the drunk driver has no income or assets?
The support obligation accrues regardless of the defendant's ability to pay. Missouri's Family Support Division enforces orders through wage garnishment (up to 65 percent of disposable income), tax refund interception, professional license suspension, and civil contempt. Arrearages cannot be discharged in bankruptcy under 11 U.S.C. § 523(a)(5).
Does Bentley's Law replace or supplement a wrongful death lawsuit?
Bentley's Law supplements rather than replaces civil remedies. Families can still pursue wrongful death claims under Mo. Rev. Stat. § 537.080 for economic and non-economic damages. The child support order provides an additional enforcement mechanism with wage garnishment and tax interception powers that may exceed what civil judgment collection offers.
Looking Ahead
Governor Mike Kehoe has not publicly indicated whether he will sign Bentley's Law. The legislation passed with strong bipartisan support in both chambers, suggesting a veto is unlikely. If signed, Missouri would join Tennessee, Alabama, Georgia, Louisiana, Texas, and Kentucky in requiring drunk drivers to financially support the children they orphan.
For families affected by drunk driving fatalities, Bentley's Law represents both symbolic acknowledgment of their loss and practical financial relief. The law cannot replace lost parents, but it ensures that those responsible contribute to the children's upbringing — the same obligation they would face in a divorce proceeding under Missouri law.
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.