DAY 2

Deadbeat or dead broke?

Either way, responsibility mandatory

By DINA GERDEMAN
The Patriot Ledger

Dad Philip Cristoferi says he isn’t able to work much because of a bad back and earned only $18,000 last year. Frankly, he says, paying overdue child support is not his first priority. (Story updated: Cristoferi erases debt. Click here to read.)

In February, the self-employed boat detailer gained custody of his sons, who are 12 and 14, so now he is focused on providing for them and says there is no money left over to pay his ex-wife the court-ordered $9,400 in back child support from when she had custody of the kids.

But Cristoferi’s excuses didn’t stop him from getting arrested and hauled into court in May for failing to pay.

“I don’t think I should have to pay anything to her,” said Cristoferi, 48, of Weymouth. “And now I have to pay rent, and dress and feed the boys. I’m struggling to survive.”

Fathers who don’t pay child support have all kinds of reasons. Many say they just can’t afford it. Others don’t hold down regular jobs or have drug or alcohol addictions that keep them from earning a normal paychecks.

Experts, including support groups for fathers, say many dads detest paying child support because of lingering resentment after a bitter divorce and limited visitation rights. But, more than anything, they resent the amount of child support money Massachusetts Family Courts order most dads to pay.

Child support payments in Massachusetts generally run between 21 and 33 percent of a non-custodial parent’s income. Twenty-eight percent is typical for a Massachusetts parent, and that is among the highest in the nation, said Arizona State University Professor Sandford Braver, who has studied guidelines from various states.

“Massachusetts is very high, and it could easily be the highest,” Braver said. “I have seen scenarios in which Massachusetts will (require non-custodial parents) to pay twice the child support of other states.”

The payments are often far above what it actually costs to feed and clothe a child, says Ned Holstein, president and founder of the Boston-based Fathers and Families.

Holstein believes many fathers drop out of their children’s lives because they feel overwhelmed by child support payments they are unable to make. “If they could be charged with a reasonable amount, they would be paying it and staying in the picture.”

John Zola, 43, a father from Easton, has joint custody of his 13-year-old daughter with his ex-wife. He keeps up with his child support payments, but believes he shouldn’t have to pay $700 per month because his child stays with him half the week.

“It’s excessive,” he said. “There are expenses in both houses, and those expenses are not being considered.”

State officials say complaints about child support amounts are no excuse for not paying.

They say many deadbeats who can’t afford the payments make the mistake of thumbing their noses at their responsibilities while racking up arrearages - plus 18 percent in interest and penalties - rather than attempting to get their payments reduced in court.

“If they’ve been laid off and are not making that $40,000 a year anymore, they should file for a modification,” said Paul M. Cronin, associate deputy commissioner of the Massachusetts Department of Revenue. “We realize that circumstances change throughout the case, but it is up to people to file. There’s a difference between deadbeat and dead broke.”

Still, there are plenty of dads who are more than capable of supporting their children and simply choose not to.

“They’re aggravated with their ex-wives, so the child support is the last check they write,” said constable Jerry Loomis, who arrested Cristoferi for skipping a court appearance.

Patrick McDermott, register of probate for Norfolk County, who tracks family court cases, said he sees plenty of dads try to get around the system. “They cry poor mouth but they’re driving around in a Mercedes and dressed in a brand new suit.”

Holstein said many men start out making payments on time, but stop when ex-wives make them feel more like visitors than fathers to their children.

“You can see the child three or four times a month, but only if mom lets you,” he said. “We have hundreds of members saying that they show up to see the child and nobody is home. Or the mom moves 30 miles away, which is enough to kill a day-to-day relationship with the child.

“Some fathers find that every visit is a reopening of a wound, a reminder of the fact that they’re no longer really a father to the child,” he said. “Some of these fathers drop out and disappear. We don’t approve of that, but it’s a simple fact.”

Dina Gerdeman may be reached by clicking here.

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SOUTH SHORE'S TOP DEADBEATS

How much they owe:

Bryan James Bradley, Scituate

$157,512

Michael F. McCarthy, Quincy

$150,322

Michael P. Carter, Stoughton

$122,795

Timothy J. O’Brien, Pembroke

$114,993

Mark J. McDonough, Braintree

$114,233

Gregory Lee Greene, Hull

$111,554

Derrick S. Campbell, Holbrook

$102,701

Richard Smith, Randolph

$92,551

Michael F. Bollin, Rockland

$90,431

Charles Markland, Milton

$87,656

Source: State Department of Revenue. These are among dads who owe the most money as of Sept. 1 and have not made a payment in six months.

State officials say others on the South Shore owe as much as $500,000, but have made at least one payment in the last six months.

Only names, home towns and amounts owed were available from the state. In some cases, the deadbeat has moved from town, or has a common name.