Montana Title 46. Criminal Procedure § 46-18-240. Restitution for child of victim--vehicular homicide while under influence--definition

(1)(a) A person convicted of the offense of vehicular homicide while under the influence as defined in 45-5-106 shall pay restitution for the support of each minor child whose parent or guardian was the victim of the offense.

(b) The court shall order the support to be paid monthly until the child reaches 18 years of age or graduates from high school, whichever is later.

(c) A person may not be required to pay restitution under this section to an individual who is 19 years of age or older.

(a) the financial needs and resources of the child;

(b) the financial needs and resources of the surviving parent or guardian, if any, or other current guardian of the child or, if applicable, the financial resources of the department of public health and human services if the child is in legal custody of the state pursuant to a proceeding under Title 41, chapter 3;

(c) the standard of living to which the child is accustomed;

(d) the physical and emotional condition of the child and the child's educational needs;

(e) the child's physical and legal custody arrangements;

(f) the reasonable work-related child-care expenses of the surviving parent or guardian or other current guardian, if applicable;  and

(g) the financial resources of the defendant.

(4)(a) If prior to an order by the sentencing court for the defendant to pay restitution under this section, the surviving parent or guardian of the child brings a civil action against the defendant and obtains a judgment in the civil suit, no payments may be ordered under this section.

(b) If the court orders the defendant to pay restitution under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, the order for payment of restitution under this section must be offset by the amount of the judgment awarded in the civil action.