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Innocent Man Sent To Jail For Missed Child Support

(Click here to view the original thread on the MassCops Message Board)


Posted by: kwflatbed

Man Says Former Employer Withheld Money

BOSTON -- Systemic problems allowed an innocent Massachusetts man to be labeled a deadbeat dad and sent to jail.

Team 5 Investigates' Rhondella Richardson reported that it happened to John Caliri.

"I wake up in the morning and I go to bed at night, knowing that I've been in jail because of something I did not do, and I don't deserve it," said Caliri.
Caliri was sentenced to 90 days in jail after he was accused of falling eight weeks behind on child support payments.

"There was a balance of $2,240," Caliri said.

He has proof of a good payment history. But problems came last spring with his new job at Daniel's Townline Pizza in Weymouth.

Townline Pizza garnished child support from Caliri's wages but never sent the money to the Department of Revenue for his ex-wife and three children.

He went to court last month to explain it all but instead went to jail.

"He heard the case, and he found me in contempt, and I was absolutely floored," he said.

Townline Pizza failed financially and closed in July. Manhattan Deli opened in September. The new owner told Team 5 Investigates that the child support issue is just one of the problems the old place had.

Deli owner Ari Black said bill collectors for food vendors still visit looking for the previous owner.

For court, the Department of Revenue provided Caliri with a letter stating that $2,240 had been withheld in pay. The case is under review to see what enforcement action, if any, officials can take against Daneil Hoyng of Townline Pizza.

"This person who took the money out continues to walk the streets, free," Caliri said.

Caliri said that he is also furious with Judge Michael Livingstone's ruling and attitude.

"He told me if I wanted to work at a pizza place, Papa Gino is hiring down the street," he said.

http://www.thebostonchannel.com/news...49/detail.html



Posted by: kwflatbed

Police say sports bar’s ex-owner is under investigation: Accused of withholding child support funds, he says ex-worker was stealing


By JACK ENCARNACAO
The Patriot Ledger


WEYMOUTH - Police are investigating whether the former owner of a North Weymouth sports bar unlawfully withheld thousands of dollars in child support payments that he was supposed to forward to the state for one of his employees.

John Caliri of Bridgewater is claiming that Daniel Hoyng, who used to own Townline Pizza II on Bridge Street, failed to forward several of his child support payments to the state Department of Revenue while he worked as a manager at the restaurant, which closed last summer.

Weymouth Police Capt. Brian Callahan said Caliri has spoken with a detective who is investigating whether Hoyng’s alleged actions constitute larceny.

Caliri spent a night in jail last month after a Probate Court judge faulted him for not paying $2, 240.

Caliri, 37, said he began getting notices that his ex-wife was not receiving payments for their three children.

Caliri said Hoyng took child support money out of his paycheck for eight weeks but only once tried to send the money to the state.

‘‘That check bounced, and he never forwarded any other check,’’ he said. ‘‘My ex-wife has never received the money. She inquired about it, and I inquired about it. Sure enough, he just closed the doors and said, ‘I’m done with the restaurant.’’’

Another former manager at Townline II, Wayne Feeley of Seekonk, said Hoyng did not forward $2,000 of his child support money to the state.

‘‘I lost my license as a result. My registration was suspended. My ex-wife disallowed me from seeing my child. It was a mess, and it continues to be a mess,’’ he said.

Hoyng said Feeley’s child support payments will be covered through the sale of his business.

Hoyng said Caliri was stealing money and equipment from his business, which contributed to his having to close.

‘‘I’m disappointed that he’s chosen to take this route,’’ Hoyng said about Caliri’s public accusations. ‘‘We had chosen to just move on. There’s a lot more to this story.’’
Hoyng told Weymouth licensing officials in hearings months ago that he was having trouble with management and finances at his business, which he opened in April.

Robert Bliss, a spokesman for the Department of Revenue, which investigated Caliri’s claims and reviewed his pay stubs, said there is no justification for Hoyng withholding child support money.

‘‘That money is the custodial parent’s and no one else’s,’’ Bliss said.

‘‘Our review showed that the money had been taken out of his paychecks. We did find that (Caliri’s) record of payment has been pretty good. There’s been times when he’s been behind a little bit, but generally not bad.’’

Bliss said that even if Hoyng believes Caliri wronged him in the past, he can’t withhold payments that go toward supporting Caliri’s children.

‘‘The way to handle it is not to take custody of the child support payment,’’ he said. ‘‘There isn’t any validation for that.’’

Hoyng said lawyers are looking at Caliri’s claims and will tell Hoyng what he might have to pay and when.

‘‘We certainly want to let the lawyers decide,’’ Hoyng said. ‘‘If the lawyers tell us it’s something we have to do, then we’ll be prepared to deal with that. We felt that (Caliri) owes us.’’

Judge Michael Livingstone sentenced Caliri last month to 90 days in jail for failure to pay child support.

Caliri made the payments after a friend lent him the money to pay the state.

Caliri was also penalized for not having health insurance, a requirement under state law, though he said he thought he had the insurance when he worked at Townline.

‘‘It’s an experience that I would never wish upon any other innocent person,’’ he said.

http://ledger.southofboston.com/arti...ews/news10.txt



Posted by: mtc

Judge Livingstone is known as "Iron Mike" for a reason - he loves to throw deadbeat parents in jail.

He does give them a little extra rope..... then he snaps it when he's heard enough.

This guy should have known the money wasn't going in to DOR - and reported it,,, when it first happened, not ignored it for two months. DOR would have investigated it. Like the owner said, there's probably more to the story, but the media likes to beat up on Livingstone because of the judiciary complaint about his real estate holdings and landlord/tennant issues.



Posted by: SOT

Look I work with the DOR on a daily basis, they would be LUCKY to figure this out in 6 months, let alone 2.

End all there has to be a better way to do this.





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