Brandi L. Guilliams, v. Kyle C. Smith

Civil Action-Family Law-Support-Child-Nonpayment-Contempt-Probation-Technical Violation-Act 44-Voluntary Failure to Work and to Pay Support

The parties are parents of one (1) minor child.  Following establishment of a support amount in June of 2017 requiring Kyle C. Smith (“Father”) to pay $350.00 per month in support, eleven (11) petitions for contempt were filed based upon failure to pay support.  Father most recently violated the terms of Domestic Relations Section (“DRS”) probation for failing to report, after which finding of violation he was sentenced to three (3) months’ imprisonment.  Father filed a Motion for Reconsideration, arguing that the Court may not impose a sentence of contempt for failure to pay support unless an obligor admits that he or she possesses liquid assets sufficient to pay the purge set by the Court. 

1.  The purpose of child support is to ensure that the financial needs of the child are met by both parents. 

2.  Title 23 Pa.C.S. § 4345(a)(3) specifically authorizes probation as a remedy for nonpayment of child support. 

3.  Courts may not impose purge conditions predicated upon expected future behavior.

4.  Title 42 Pa.C.S § 9771 (“Act 44”) is designed to limit judicial discretion in cases involving criminal probation violations for technical violations, including setting a maximum period of fourteen (14) days’ imprisonment for a first technical violation.

5.  The Court will honor the limitations of § 9771 as they relate to technical violations of DRS probation with a voluntary choice not to work or to pay support not constituting a technical violation to which the provisions of § 9771 are applicable.

6.  In light of the fact that a hearing for a violation of DRS probation was conducted in which Father was found to be in contempt, the purge amount of $2,000.00 is appropriate in light of the fact that this amount represents less than twenty percent (20%) of the total arrearage on the docket, Father on nine (9) separate occasions was able to pay lump sum amounts to avoid incarceration, Father did not object or present evidence to dispute the purge amount set and Father failed to present any proof of disability or other condition preventing him from working to pay child support, the finding of violation was not made in error.

7.  The sentence upon the violation will be modified to fourteen (14) days’ imprisonment as a first technical violation of DRS probation. 

L.C.C.C.P. No. 2017-50303, Opinion by Bradford H. Charles, Judge, September 9, 2025.