Commonwealth v. Marshall

Opinion of the Court by

Chief Justice MINTON.

I. INTRODUCTION.

We granted discretionary review of these two flagrant nonsupport cases to address due process requirements when a trial court considers a motion to revoke probation1 for failure to comply with child support payment conditions. We conclude that due process requires that the trial court considering revocation for nonpay*824ment of support (1) 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 (2) if so, consider whether alternative forms of punishment…