{"data":{"id":"us-ky/krs-532.036","jurisdiction":"us-ky","citation":"KRS 532.036","heading":"Financial support of child or dependent if death or disability is caused by","body":"driving under the influence or murder of a first responder -- Amount -- Clerk\nas trustee -- Incarcerated defendant -- Payments to continue until arrearage is\npaid -- Effect of civil action.\n(1) As used in this section:\n(a) \"Disabled\":\n1. Means a legal disability as is measured by functional inabilities; and\n2. Includes inabilities caused by psychological, psychiatric, or stress -\nrelated trauma, and refers to any per son seventeen (17) years of age or\nolder who is unable to make informed decisions with respect to his or\nher personal affairs to the extent that he or she lacks the capacity to\nprovide for his or her physical health and safety or the physical health\nand sa fety of a minor child, including but not limited to health care,\nfood, shelter, clothing, or personal hygiene; and\n(b) \"Totally and permanently disabled\":\n1. Means the inability to do any substantial gainful activity by reason of\nany medically determinable physical or mental impairment which can be\nexpected to result in death or which has lasted or can be expected to last\nfor a continuous period of not less than twelve (12) months; and\n2. Includes a finding of permanent total disability by the Social Securi ty\nAdministration that a person is disabled and qualifies for benefits or a\nfinding by an administrative law judge under KRS Chapter 342.\n(2) (a) Notwithstanding any law to the contrary, if a defendant is convicted of a\nviolation of KRS 189A.010 or 507.070, or an attempt to commit a violation of\nKRS 507.070, and the violation caused the death of a parent or guardian of a\nminor child or dependent or resulted in a finding by the court that a parent or\nguardian of a minor child or dependent is disabled or tota lly and permanently\ndisabled, then the sentencing court may order the defendant to pay restitution\nin the form of financial support for the child or dependent to each child or\ndependent of the victim until the child or dependent reaches:\n1. Eighteen (18) years of age; or\n2. Nineteen (19) years of age if the child or dependent is still enrolled in\nhigh school.\n(b) In determining an amount that is reasonable and necessary for the financial\nsupport of the victim's child or dependent, the court s hall consider all relevant\nfactors, including the:\n1. Financial needs and resources of the child or dependent;\n2. Financial resources and needs of the surviving parent or guardian of the\nchild or dependent;\n3. Standard of living to which the child or dependent is accustomed;\n4. Physical and emotional condition of the child or dependent and the\nchild's or dependent's educational needs;\n5. Child's or dependent's physical and legal custody arrangements; and\n6. Reasonable child care expenses of the surviving parent or guardian.\n(3) The court shall order that payments made to financially support the child or\ndependent be made to the clerk of court as trustee for remittance to the child or\ndependent's surviving parent or guardian. The clerk shall remit the payment s to the\nsurviving parent or guardian within three (3) working days of receipt by the clerk.\nThe clerk shall deposit all payments no later than the next working day after receipt.\n(4) If a defendant who is ordered to pay restitution in the form of financia l support for\nthe child or dependent under this section is incarcerated and unable to pay the\nrequired restitution, the defendant shall have up to one (1) year after the release\nfrom incarceration to begin payment, including entering into a payment plan to\naddress any arrearage.\n(5) If a defendant's payments to financially support the child or dependent are set to\nterminate but the defendant's obligation is not paid in full, the payments to\nfinancially support the child or dependent shall continue until the  entire arrearage is\npaid.\n(6) (a) If the surviving parent or guardian of the child or dependent brings a civil\naction against the defendant before the sentencing court orders restitution to\nfinancially support the child or dependent and the surviving pare nt or\nguardian obtains a judgment and full satisfaction of damages in the civil suit,\nrestitution shall not be ordered under this section.\n(b) If the court orders the defendant to pay restitution to financially support the\nchild or dependent under this sec tion and the surviving parent or guardian\nsubsequently brings a civil action and obtains a judgment, the restitution order\nshall be offset by the amount of the judgment awarded and paid by the\ndefendant or the defendant's insurance for lost wages or perman ent\nimpairment of the power to work and earn money in the civil action.","path":["KRS Chapter 532"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55460","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:05Z","sha256":"17494be469c6921ae8d0ba17cfb095d56b6aa0d2353703edd88a4cd967824bec","source_id":"us-ky","stale":false,"prev":"us-ky/krs-532.035","next":"us-ky/krs-532.040"},"notice":"GroundRules: Original legal text. Not legal advice."}