Commonwealth v. Marshall
Annotate this CaseIn two flagrant nonsupport cases, the defendants failed to pay child support, the trial court revoked their probation for failure to comply with child support payment conditions, and the court of appeals vacated the trial court's judgments and remanded each case for further proceedings. The Supreme Court granted discretionary review and affirmed, holding (1) due process requires that the trial court considering revocation for nonpayment of support (a) consider whether the probationer has made sufficient bona fide efforts to pay but has been unable to pay through no fault of his own, and (b) if so, consider whether alternative forms of punishment might serve the interests of punishment and deterrence; and (2) due process requires that the trial court make clear findings on the record specifying the evidence relied upon and the reasons for revoking probation.
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