Judge Could Order Criminal Defendant to Pay Child Support As A Condition of Suspended Sentence

In the case of Martin v. Commonwealth, the Virginia Supreme Court ruled that a trial judge could order a defendant convicted of driving after having been found an habititual offender to submit to court-ordered child support as a condition of suspending the defendant’s jail sentence.  Virginia Code Section 19.2-305(B) permits the imposition of exactly this provision.  Section 19.2-305(B) states:

“B. A defendant placed on probation following conviction may be required to make at least partial restitution or reparation to the aggrieved party or parties for damages or loss caused by the offense for which conviction was had, or may be required to provide for the support of his wife or others for whose support he may be legally responsible, or may be required to perform community services. The defendant may submit a proposal to the court for making restitution, for providing for support or for performing community services.”