Missouri this week enacted a change to how courts can hold intoxicated drivers financially accountable when their actions cost a child a parent. Gov. Mike Kehoe signed into law a measure known as Bentley and Mason’s Law, which allows surviving parents to petition a court for ordered child maintenance from a person convicted of driving while intoxicated if that crash resulted in the death of the child’s parent or guardian.
The law expands the legal remedies available to grieving families beyond fines and criminal sentences. Under the new statute, a court may require the convicted person to make payments for the child’s support. In most cases those payments would continue until one of several events occurs: the child dies, marries, enters active military service, turns 18, or in certain situations reaches 21. Payments can also continue past 18 if the child is physically or mentally incapacitated or is enrolled in higher education, vocational school or other postsecondary training.
How the law works
- Surviving parent or guardian may file a petition requesting child maintenance.
- The court evaluates the petition and can order payments from the convicted intoxicated driver.
- Payments typically end when the child dies, marries, joins the military, or reaches 18 (or 21 in specified cases), with exceptions for incapacity or continued education.
The governor’s office framed the signing alongside a package of public safety bills aimed at cracking down on impaired driving. Kehoe said the measures bolster protections for families and tighten penalties for dangerous offenders.
"The legislation I signed today strengthens the laws that protect our families, supports the men and women who serve our country and communities, and gives our state stronger tools to keep dangerous criminals off our streets. Public safety will always be this administration’s top priority," Kehoe said in a news release.
Legal advocates and family members who have pushed for tougher consequences after fatal crashes have argued that criminal penalties alone do not address the long-term needs of children left behind. This statute creates a civil mechanism tied to a criminal conviction that judges can use to ensure some level of financial stability for surviving children.
Practical considerations for families and courts
Families seeking maintenance will need to file a petition with the court; the law does not automatically create payments. Judges retain discretion over whether to award maintenance and the duration and amount of payments, consistent with the statutory framework.
| Who can petition | Who can be ordered to pay | Usual end points for payments |
|---|---|---|
| Surviving parent or guardian | Person convicted of DWI resulting in death of parent/guardian | Death, marriage, military service, age 18 (or 21 in some cases), incapacity/education exceptions |
Alongside Bentley and Mason’s Law, the governor signed other measures that increase penalties for impaired-driving offenses and clarify probation and parole rules when a DWI results in death. For readers navigating the system, the new law underscores the intersection of criminal and family courts in cases of fatal impaired-driving crashes.
As Missouri continues to adjust its approach to DWI policy, this change places additional legal tools in the hands of judges and families pursuing long-term support for children affected by a parent’s death. Local prosecutors and court clerks will play a central role in how the statute is implemented in the months ahead.
