§ 39-13-219 — Restitution in form of child maintenance

(a) Notwithstanding any law to the contrary, if a defendant is convicted of a violation of § 39-13-213(a)(2) or § 39-13-218 and the deceased victim of the offense was the parent of a minor child, then the sentencing court shall order the defendant to pay restitution in the form of child maintenance to each of the victim's children until each child reaches eighteen (18) years of age and has graduated from high school, or the class of which the child is a member when the child reached eighteen (18) years of age has graduated from high school. (b) The court shall determine an amount that is reasonable and necessary for the maintenance of the victim's child after considering all relevant factors, including: (1) The financial needs and resources of the child; (2) The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the department of children's services; (3) The standard of living to which the child is accustomed; (4) The physical and emotional condition of the child and the child's educational needs; (5) The child's physical and legal custody arrangements; and (6) The reasonable work-related child care expenses of the surviving parent or guardian. (c) The court shall order that child maintenance payments be made to the clerk of court as trustee for remittance to the child's surviving parent or guardian. The clerk shall remit the payments to the surviving parent or guardian within ten (10) working days of receipt by the clerk. The clerk shall deposit all payments no later than the next working day after receipt. (d) (1) If a defendant who is ordered to pay child maintenance under this section is incarcerated and unable to pay the required maintenance, then the defendant must have up to one (1) year after the release from incarceration to begin payment, including entering a payment plan to address any arrearage. If a defendant's child maintenance payments are set to terminate but the defendant's obligation is not paid in full, then the child maintenance payments continue until the entire arrearage is paid. (2) Notwithstanding § 40-35-304 , a surviving parent or guardian who is awarded restitution pursuant to this section may convert the restitution order to a civil judgment at any time by filing a certified copy of the restitution order with an appropriate civil court having jurisdiction over the total amount of restitution ordered. The civil court may convert the restitution order into a civil judgment in the manner provided in § 40-35-304(h) . (e) (1) If the surviving parent or guardian of the child brings a civil action against the defendant prior to the sentencing court ordering child maintenance payments as restitution and the surviving parent or guardian obtains a judgment in the civil suit, then any maintenance ordered must be offset by the amount of damages that has been received by the surviving parent or guardian prior to the sentencing court entering an order of restitution. (2) If the court orders the defendant to make child maintenance payments as restitution under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, then the child maintenance order must be offset by the amount of damages received by the surviving parent or guardian pursuant to the civil action.

Legislative History

Amended by 2023 Tenn. Acts, ch. 217, s 1, eff. 7/1/2023. Added by 2022 Tenn. Acts, ch. 1056, s 2, eff. 5/25/2022.