Cases | State v. Fontaine, 711 A.2d 667 | 2018
The defendant was convicted of driving under the influence, resulting in death. The trial court ordered the defendant to pay restitution for partial support to the victim’s two minor children as a condition of probation. On appeal, the defendant claimed that partial child support constituted an award for future loss of income and was therefore an amount not readily ascertainable. The court held that an award for partial child support is not authorized under the statutory scheme, given the limited language of the statutes and the narrow construction previously applied to restitution awards. An award for partial child support reflects an unusual hybrid of damages for lost profits and loss of earning capacity. While child support orders are frequently modified to reflect changes in the financial circumstances of the obligor and fluctuating needs of the minor children, the restitution scheme does not account or allow for future ambiguities.