Schuyler County man jailed for failure to pay nearly $31,000 in back child support

A Schuyler County man was given a 60-day jail sentence for not paying nearly $31,000 in past-due child support, following an appearance in Schuyler County Family Court on Wednesday (July 6, 2022).

According to the office of Schuyler County Attorney Steven Getman, the man was found in willful violation of a prior court order because he failed to pay $30,993.72 in court-ordered support for the benefit of his two children. This failure to pay stretched back to at least November 2018, court records showed.

Assistant County Attorney Vinton Stevens presented the violation case for the County Attorney’s office. At Wednesday’s court appearance, Stevens advised the court that the respondent had paid only $1,910.65 toward the amount due. Stevens also noted that the man was recently apprehended on a criminal court warrant in Chemung County, and he was already facing extradition to another state for a separate criminal prosecution.

Based on the evidence, Stevens argued that the respondent should be sentenced to 60 days in jail, consecutive to any sentence for the Chemung County criminal matter.

The respondent was represented by Schuyler County Assistant Public Defender Mark Raniewicz. Raniewicz asked the court to consider his client’s circumstances, arguing that the respondent intended to get a job and pay support upon his release from incarceration and that the court should impose any jail sentence concurrent to any sentence in Chemung County.

After hearing from the attorneys, and giving the respondent an opportunity to speak, Schuyler County Family Court Judge Matthew Hayden confirmed the man had willfully violated the child support order, and determined that the respondent should be jailed. Therefore, he sentenced the respondent to sixty days incarceration, consecutive to any sentence in the Chemung County criminal matter and entered a money judgement for the past due child support. Hayden also directed that the respondent could be released from jail if he paid the full amount of back child support.

Getman said he was satisfied with the court’s decision.

“These jail sentences send a message that will hopefully resonate,” Getman said. “Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court.”

“Parents who refuse to support their children can, and will, be punished when appropriate.”

The County Attorney’s Office represents the Department of Social Services in prosecuting child support cases brought in 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.

The man’s name and address was not released to protect the privacy of his children and family.

Second Amendment Legal Update, July 2022

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete PDF copy of this month's update click here.

Happy Independence Day

Public Comment Sought on Proposed Amendment for Uniform Standards of Eligibility in Family Court

The New York State Unified Court System is seeking public comment on a proposal that would implement eligibility standards for assigned counsel in all family court proceedings. This proposal would provide in part that:

1) “A person entitled to publicly funded counsel pursuant to [FCA 262, SCPA 407, or Judiciary Law 35(8)] shall be financially eligible for counsel when the person’s current available resources are insufficient to pay for a qualified private attorney, the expenses necessary for effective representation, and the reasonable living expenses of the person and any dependents.”

2) “Counsel shall be provided at the first court appearance or immediately following the request for counsel, whichever is earlier. Eligibility determinations shall be made in a timely fashion so that representation by counsel is not delayed.”

3) “A parent or legally responsible person, as defined by law, shall be entitled to and provided with immediate representation by counsel: (i) upon the filing of a petition or pre-petition request under Article 10 of the Family Court Act for an order for immediate removal of a child or temporary order of protection; (ii) where the court has received notice of an extra-judicial emergency removal of a child; or (iii) upon the filing of a petition alleging abuse or neglect against the parent or person legally responsible. In accordance with this entitlement, counsel shall be provided sufficiently in advance of the person’s first court appearance and shall also be provided for parents during a child protective agency investigation ….”

4) A presumption of eligibility when the person’s net income is at or below 250% of the Federal Poverty Guidelines; the person is incarcerated, detained, or confined to a mental health institution, or is currently receiving, or has recently been deemed eligible pending receipt of, need-based public assistance, or within the past six months, has been deemed financially eligible for counsel in another court proceeding in that jurisdiction or another jurisdiction.

5) A determination denying counsel by the court or delegated screening entity shall be in writing, shall include reasons for the denial and procedure for seeking reconsideration, and shall be provided to the person seeking counsel.

The request for public comment can be found here.

Notice of Entry: Judgment of Foreclosure

PLEASE TAKE NOTICE that annexed hereto is a true and correct copy of the Judgment of Foreclosure dated June 16, 2022, in The Matter Of Foreclosure Of Tax Liens By Proceeding In Rem Pursuant To Article Eleven Of The Real Property Tax Law by the County of Schuyler, that was entered in the office of the Clerk of the County of Schuyler on June 16, 2022 at 4:15 pm.

Judgment of Foreclosure with Notice of Entry Ind No. 19-145 by Steven Getman on Scribd

Virtual Court Navigator Pilot Program Announced

Virtual Court Navigators help court users prepare for court appearances, find court forms, get answers to general questions, find

community programs and services, refer people to legal service providers, navigate the court’s website, and more. It is a free program, designed to help people who either have or would like to start a court case

On June 6, the Virtual Court Navigator Pilot Program began scheduling appointments for unrepresented court users in: Albany, Columbia, Rensselaer, Ulster, Broome, Tompkins, and Chemung Counties as well as Erie County Surrogate’s Court.

Users in those counties who want schedule a time to meet with a virtual court navigator, can complete the online intake form.

For more information about the Virtual Court Navigator Pilot Program click here.

Beware these Cryptocurrency Investment Risks

New York State officials are reminding the public of some of the potential risks of investing in cryptocurrencies. According to officials, investors in virtual assets should beware of the following:

• Highly Speculative and Unpredictable Value;
• Difficulty Cashing Out Investments;
• Higher Transaction Costs;
• Unstable “Stablecoins;
• Hidden Trading Costs;
• Possible Conflicts of Interest;
• Limited Oversight.

Even “legitimate” investments in virtual assets are subject to speculative bubbles and security issues, the report notes.

Members of the public who are worried that they have been a victim of investment fraud, can contact the Investor Protection Bureau or seek the advice of a competent attorney of their own choosing.

For more guidance on the possible risks associated with cryptocurrencies click here.

Second Amendment Legal Update, June 2022

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. News is current as of June 3, 2022 at approximately 12:00 pm.

For a complete PDF copy of this month's update, click here.

Memorial Day, 2022

Ronald Reagan Memorial Day Remarks at Arlington National Cemetery, 1986:

National Boating Safety Week: May 21 to May 27

National Safe Boating Week is being held from May 21-27, 2022, reminding all boaters to brush up on boating safety skills and prepare for the boating season.

This observance week is the annual kick-off of the Safe Boating Campaign, a global awareness effort that encourages boaters to make the most of their boating adventure by being responsible

.

The National Safe Boating Council recommends these tips for boaters:

• Take a boating safety course. Gain valuable knowledge and on-water experience in a boating safety course with many options for novice to experienced boaters.
• Check equipment. Schedule a free vessel safety check with local U.S. Coast Guard Auxiliary or U.S. Power Squadrons to make sure all essential equipment is present, working and in good condition.
• Make a float plan. Always let someone on shore know the trip itinerary, including operator and passenger information, boat type and registration, and communication equipment on board.
• Wear a life jacket. Make sure everyone wears a life jacket – every time. A stowed life jacket is no use in an emergency.v • Use an engine cut-off switch – it’s the law. An engine cut-off switch is a proven safety device to stop a powerboat engine should the operator unexpectedly fall overboard.
• Watch the weather. Always check the forecast before departing on the water and frequently during the excursion.
• Know what’s going on around you at all times. Nearly a quarter of all reported boating accidents are caused by operator inattention or improper lookout.
• Know where you’re going and travel at safe speeds. Be familiar with the area, local boating speed zones and always travel at a safe speed.
• Never boat under the influence. A BUI is involved in one-third of all recreational boating fatalities. Always designate a sober skipper.
• Keep in touch. Have more than one communication device that works when wet. VHF radios, emergency locator beacons, satellite phones, and cell phones can all be important devices in an emergency.

The Safe Boating Campaign is produced under a grant from the Sports Fish Restoration and Boating Trust Fund and administered by the U.S. Coast Guard. The campaign offers a variety of free and paid resources to support local boating safety education efforts. Learn more here.