Season 5 Episode 5 - Tennessee Drunk Driver Bill

Tennessee Drunk Driver Bill

Tennessee passes bill that will require drunk drivers to pay child support if they kill a parent due to intoxication or aggravated vehicular homicide - DUI.

House Bill 1834 would require a person who is convicted of vehicular homicide to pay restitution in the form of child maintenance until they reach 18 years old if their victim was the parent of a minor child.

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Transcript

Tennessee Drunk Driver Bill

Email: Chrish289@proton.me
            (c)Copyright, 2021-2030
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Introduction:

Welcome in today's episode we will review a new law that was passed in the state of tennessee and it relates to child support uh this particular law affects what is called the fatalities of drunk driving and so we decided to do some research on it because it was widely reported in the news in addition we decided let's also look at other things that affects child support and drivers the relationship between the two may not seem obvious but we figured would cover things that affects drivers so we look at independent drivers such as uber lyft and the likes so as it was reported in the news in the state of tennessee they passed a new law it's

 a bill that requires drunk drivers to pay child support to the often kids that's a tragic story and this was reported by matt ada matt adams from national world uh fair use but i've given credit for writing this on april 21 2022 and basically it's a new law that says if a child will become orphaned as a result of fatality and drug driving then that driver will pay child support so here it is again in another uh article called the center square and this is reported by john steiff same

 thing tennessee bill would require restitution for children of parents killed by dui so we decided to look into this bill okay again it was widely reported what's going on so this bill started off with what's called the bentley law for those who live in tennessee uh this is well known uh and so they passed it this says that if a driver who's convicted of drunk driving and the child is still on what is called maintenance or child support then that driver is responsible for that child until the age of 18. so let's look more into it now as we go through this presentation if you're not in tennessee you would ask why would you want to watch the rest of this but stay tuned we do have a little nuance that you want to pay attention to because this affects other states because if this moved to your state you would have to understand this particular law not that you're involved in a drug driving but you know nevertheless we start a

 series called the financial education and we believe that you should improve your financial education and so we're going to intertwine child support and in financial education and we start off with excellent credit yes use this opportunity watch the videos on credit report your credit reporting and child support and remove child support from your credit report hello my name is chris and in this session we're looking at tennessee as it relates to drunk driving and the child support program we're also going to cover uh independent drivers uber lyft and 1099 independent drivers to see how the law fairs let's get started

as always we ask for a gift or a donation we take cash app as well as paypal and while we bring you these research we ask for a 25 gift but we will be satisfied with a five dollar cash up if you can spare that but please donate to our channel as well as we ask you to subscribe if you're new to this channel we ask you to subscribe um so you can get the latest update on our research we also broadcast our show on podcast spotify apple and on amazon as well as your local podcasts

so let's move to the bill it's called house bill 1834 and it starts off with that the courts shall determine an amount that is reasonably necessary for the maintenance of a victim's child after considering all relevant factors basically most of the financial needs and it is tragic if a

 parent were to pass die as a result of a drunk driver then someone is responsible for those children and so this bill is the hopes of solving that problem if there is a problem it says financial resources or well as if the child was a ward of the state and so that's what led us to look into in addition to having it popular broadcast we want to see further into this law

this bill goes on to say that while maintenance is being charged to the person charged with the dui it goes to the clerk as a trustee yes in other words the court and the clerk becomes the trustee of the account but here it also says this that if the parents i mean if the child was awarded let's say a payout from a civil action well this is what this law says that if the court's order defendant which is the the driver in question makes a maintenance payments then if there's a civil action a portion of that civil action goes to the court yes this is in this is in the

 law in other words if the child the surviving child had a a civil action and an award was was made and there's a child support payment then the child support agency and the courts acting as a trustee gets what is called the offset so in other words they split the reward money so that's interesting if the if the child you know has an award why would you need child support why would you want to go through the courts again comment below if does this make sense to you i'd love to hear from you

now let's look at the state of tennessee in terms of population right since this particular problem we wanted to see how does this problem of drunk driving which affects all states affects tennessee there are about seven million people in tennessee around 41 000 men who have enrolled or forced into the child support program

and on average the child support agency they receive about 66 million dollars from the federal government in terms of remittance that's was in nineteen twenty and for the last five years they've been consistent it's you know it's around six hundred million dollars so looking at this fatality question and the bill that was passed remember it passed a house in the senate so this must have been a huge problem well i decided to go to the homeland security where the tennessee traffic fatality report let's look at the numbers and the numbers i have here is from 2017 to 2021. again you can go out and you can search the internet for the results but here it is so for the last five years they have had 13 about 1100 fatalities again these are not accidents or crashes these are fatalities involving drunk drivers in 2021 the number was hundred twenty one thousand three hundred twenty seven so let's step back from this the

 senate and the house the government of tennessee passed a bill that affects child support when the actual number is around thirteen thirteen hundred fatalities now you can comment below but the numbers does not seem fair in other words a very small percentage of the seven million people are involved in a fatality with a dui and of that number is a smaller percentage involve children again comment as to why this bill was necessary or why they made a this fanfare about it when the you know in the analytics says it's only 1300 people involved in that and over the years it has not increased dramatically so again comment are we saying that we try to solve a problem that is not a problem for the state of tennessee you decide

so let's move to the second part of our our discussion which is drivers or independent drivers or who are 1099 workers and the 1099 workers or barbershop here stylist you name it as you know child support only affects independent only affects what is called workers or in another place w-2 workers so here from the what is called the guide income for again tennessee up to 50 percent of your income is if is is eligible to be affected by child support and and for the employer to be involved in the program they pay about a fee of about five dollars per paycheck for performing that function remember your employer is performing a service

 basically a third-party debt collection service and they're paid a fee for that now someone would say five dollars you know who cares it's it's still money right they're already taking fifty percent for child support now they're taking another uh five dollars from from you to pay the child support so let's deal with the 1099 workers as you know uh back as i said early in all my other videos that the 1099 workers do not pay child support in fact they're not involved in child support program only regular workers so here's a statute relating to what is called self-employed in tennessee it's called title 36 section 36-5-501

that's the income withholding section but inside the income withholding section is a little carve out what is called obligors that are self-employed yes i know men should not be called obligor but for the k for the sake of this video let's call obligor so they're saying that for self-employed people that they cannot go through what is called the child support program or the disbursement unit they have to follow the guidelines within this section of the law because why because 1099 workers intermittent workers are not involved in the program so here's how they break it broke it down based on our research so if you're an independent contractor you know a driver uber lyft but just an independent contractor and you're self-employed whether it's a partnership whether it's a limited liability corporation or wherever the compensation is it comes from your private transaction this is what the law the section of the statute says it says that you must as an independent conscious set up what is called an independent deposit account yes they can order you to set up another account for the purposes of child support

okay then once you set that account up you now have to give the department of social services a written authorization such that they can disperse or take money from that account by automatic banking withdrawal let's review that again if you are an independent contractor or a 1099 worker you can be ordered to set up a separate account and then from that account is that you have to provide a written authorization such that they can deduct money which means you're going to be asked to deposit money from your earnings or you know from your 1099 process and put that into the separate account now immediately if that doesn't spell constitutional violation um again comment tell me how that is but this is how they handle it in tennessee now i've said this in many programs 10 99 workers are not involved in child support but states are finding very creative ways to work around the program and this is one of the creative ways there are several types and i'll bring those to you in further research so here's our website it's called childsupport.newsandler.com where we provide you more information and how you can defeat child support so as we've reviewed the the drunk driver that there's a law passed affects a very small handful of people and also he said please work on improving

 your credit you need credit if you were if you live in this country and you want to create the spending power you have to have fair or of it or what is called executable credit it's important so here we are at the end um again please subscribe if this is the first time next hit the notification bell and we do ask for a donation so as this presentation says the drunk driver law that everyone's talking about affects less than 1300 fatalities in the state of tennessee which means something else is a foot or as i say there's more to it than that and second the 1099 independent driver in tennessee is being forced into setting up a separate account so that they can move the money so that you have the responsibility to move the money from your account to that account and then provide written authorization why because they cannot take money from a business account because that's not a relationship account

thank you for tuning in and we look forward to bringing you other information have a good day