Starting August 28, 2026, Missouri law will require drunk drivers convicted of killing a parent or legal guardian to pay child support to the surviving children. This new law (formally part of House Bill 1740) is known as Bentley and Mason’s Law. It marks a major shift in how the state handles the long-term financial fallout of impaired driving crashes.
For years, families left behind by drunk drivers had limited options for financial help. They could file a civil lawsuit, but many offenders have few assets to their name. This new law creates a court-ordered financial obligation that follows the offender even after they serve their time in prison. It ensures that those who cause a tragedy are held responsible for the children who are left to grow up without a parent.
At Bardol Law Firm, we see how hard family transitions can be. When those transitions are caused by a sudden loss, the legal and financial hurdles can feel impossible. We want to help you understand how this new law works and what it means for Missouri families.
The Heart Behind the Law: Bentley and Mason
The law is named after two young brothers from Jefferson County. Their lives changed forever on April 13, 2021. That evening, a drunk driver caused a terrible crash that took the lives of the boys’ father, Cordell Williams, and his fiancee, Lacey Newton. The crash also took their 4-month-old brother, Cordell II.
Bentley and Mason were left in the care of their grandmother, Cecilia Williams. Cecilia quickly realized that while the criminal justice system focused on punishing the driver, there was very little support for the children left behind. She began a multi-year journey to change the law. She worked closely with Missouri lawmakers and organizations like Mothers Against Drunk Driving (MADD) to turn her grief into action.
The driver in that crash, David Thurby, was eventually convicted of three counts of second-degree involuntary manslaughter. While he was sentenced to prison, Cecilia’s mission was to ensure that future offenders would also have to help provide for the children they orphaned. Missouri is actually the place where this idea started. While Tennessee was the first state to pass a version of “Bentley’s Law” in 2022, Missouri has now joined the growing list of states that demand this kind of accountability.
How Bentley and Mason’s Law Works
The core of the law is simple. When a person is found guilty of a drunk driving offense that kills a parent or legal guardian, the court must order that person to pay child maintenance (child support). This money goes to the surviving spouse or the guardian who is raising the children.
The law uses Missouri’s existing child support framework to set the amount. Judges will look at the standard “Form 14” guidelines. This is the same tool we use in standard child support cases during a divorce or paternity matter. The court will consider several factors when deciding the monthly payment amount.
- The financial needs and resources of the child.
- The financial resources of the surviving parent or guardian.
- The standard of living the child had before the tragedy.
- The physical and emotional condition of the child and their educational needs.
By using the existing Form 14 system, the state can move quickly to set an amount based on real numbers. This keeps the process consistent across the state.
When Do the Payments Begin?
One common question about Bentley and Mason’s law is how someone can pay child support if they are in prison. The law addresses this directly. If the offender is sentenced to prison, the payments must start no later than one year after they are released.
This gives the offender time to find a job and re-enter society. However, the obligation does not just go away. The debt remains a court order. If the offender was not sent to prison, or if they have assets available while incarcerated, the court can order payments to start sooner.
How Long Does the Support Last?
Generally, the child support payments continue until the child turns 18. However, there are a few situations where the support can last longer.
If the child is still pursuing a high school or college education, the payments can continue until the child turns 21. This matches the standard rules for Missouri child support. If the child has a physical or mental disability that makes them unable to support themselves, a court can extend the payments indefinitely.
The goal is to ensure the child has the same financial support they would have received if their parent were still alive. If the child marries, enters active military service, or unfortunately passes away, the obligation ends.
Important Details for Guardians and Families
It is vital to know that this law is not retroactive. This means it only applies to crashes and convictions that happen after Bentley and Mason’s law takes effect on August 28, 2026. If you are currently raising a child who lost a parent to a drunk driver before this date, this specific law will not apply to your case.
Another key point is how these payments interact with civil lawsuits. In many cases, families file a wrongful death claim against a drunk driver. Bentley and Mason’s Law states that these child support payments are intended to be in lieu of a civil judgment. However, the legal details here are complex. If a family has already won a civil judgment and is receiving money, the court might adjust the child support amount. You should always speak with an attorney to understand how a criminal restitution order affects your right to sue in civil court.
Stiffer Penalties in House Bill 1740
While the child support provision made the headlines, HB 1740 is a broad public safety bill. It does more than just require child maintenance. It also increases the criminal penalties for DWI offenses across Missouri.
For example, the law establishes a minimum five-year prison term for fatal DWI convictions. It also sets a minimum ten-year term for repeat offenders who cause a death. The law updates rules for probation and parole as well. It is clear that the Missouri legislature wanted to send a strong message about the seriousness of impaired driving.
Why This Matters for Your Family
This law is about more than just money. It is about acknowledging the lifelong impact that a single choice can have on a child. For a guardian or a surviving parent, the financial strain of raising a child alone can be overwhelming. Knowing that the state has a system to hold the offender accountable can provide a small sense of justice and peace of mind.
If you are a guardian or a relative who has taken in a child after a loss, you may have many questions. You might need to establish legal guardianship or sort out how to handle the child’s long-term care. While we hope you never have to deal with a tragedy like this, we are here to help you navigate the legal side of these transitions.
The family law system is designed to protect the best interests of children. Whether it is through a paternity case or a support modification, the goal is always stability. Bentley and Mason’s Law is a new tool to help provide that stability for Missouri’s most vulnerable children.
Getting the Right Guidance
Navigating new laws such as Bentley and Mason’s law can be confusing. If you are caring for a child and believe you may be eligible for support under this new statute, or if you have questions about child custody and guardianship in Missouri, please reach out. We can help you understand your rights and the steps you need to take to protect the children in your care.
We handle all matters of family law with compassion and expertise. We know these situations are deeply personal and often very stressful. Our team is here to give you clear answers in plain English. We generally return calls within one business day because we know you need to know what happens next.
Family Law, Simplified. Fill out the form or call 314.918.0100 to set up a consultation.