Contempt of a Support Order and Suspended Sentences As Punishment

Can the court impose a suspended sentence for contempt of a child support order? In a recent Superior Court decision, Thompson v. Thompson, the Court determined whether a trial court could impose a suspended sentence for civil contempt thought it is not expressly permitted as a form of punishment under 23 Pa.C.S. 4345.  

Here is the background of the case. Mother placed her two children in the custody of her mother. Grandmother then requested child support from mother. The trial court computed mother's support obligation pursuant to the child support guidelines and entered an order. Mother fell behind in her payments. The County then filed petitions for civil and indirect criminal contempt against mother. Trial court ordered mother to remain current with her payments and added an additional monthly amount for her back support.

Mother again fell behind. Grandmother asked the County to terminate the support case, but the County officials declined to do so and filed another contempt. Prior to the hearing on the contempt petition, mother and the County came to an agreement. Mother admitted that she was in civil contempt. Mother agreed to stay current with her payments, acknowledged she had the ability to make the payments and agreed that if she failed to remain current, a bench warrant would be issued and she would serve a six-month jail sentence. 

Mother filed an appeal and argued that a suspended sentence was not an allowable punishment under Section 4345 and was therefore an illegal and unenforceable punishment.  In its analysis the Court noted the law was not ambiguous and provided three express punishments that were permitted in this situation. Those included imprisonment for up to six months and a fine not to exceed $1000 or probation for a period of up to one year. The statute does not include any language allowing the trial court to have any discretion to impose any other form of punishment.  

In a dissenting opinion, Judge Baer opined that since a suspended sentence could constitute probation and probation is an allowable form of punishment under Section 4345, a suspended sentence is not an illegal form of punishment.  Judge Mundy joined in that opinion.  

It is very important to understand the agreements you enter into and the consequences of breaching or breaking that agreement.