Ovid man jailed for unpaid child support

An Ovid man was sentenced in Schuyler County Family Court to 90 days in jail on Tuesday (May 19) for his failure to pay over $2000.00 in back child support.According to Schuyler County Attorney Geoffrey Rossi, Robert C. Duncan III, age 29 of County Road 139, was found guilty of a willful violation of a child support order. Court records indicated that Duncan had child support arrears in the amount of $2083.00, despite being ordered to pay $67.00 per week for support of certain minor children.At Tuesday’s court appearance, Assistant County Attorney Steven Getman asked the court to jail Duncan, due to a history of non-compliance. This was Duncan’s second willful violation. The first, Getman said, had resulted in a suspended judgement in September 2014.Duncan was represented by Hammondsport attorney Travis Berry. Berry said his client was ready to accept the court’s judgment. Both attorneys said that a ninety-day jail sentence was appropriate.After hearing from the attorneys, Family Court Judge Dennis Morris agreed that Duncan should be sentenced to ninety days jail on both the pending case and the prior suspended judgement. Morris ruled that the two sentences should be served concurrently. He ordered Duncan to appear at the jail by 3:00 pm Tuesday.Under New York State law, a parent’s failure to pay court ordered child support constitutes prima facie evidence of a willful violation. If no payments are made, the burden shifts to the parent to show credible evidence of inability to make payments. If a willful violation is established, the respondent parent may be subject to garnishment of property, loss of business or recreational licenses and probation or incarceration.The county attorney’s office represents the Department of Social Services in prosecuting child support cases brought in the family court by that agency. In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.The county attorney’s office was assisted in the prosecution and presentation of the case by employees of the county’s child support enforcement unit.

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