MEMORANDUM TO LITIGATION PARTNER FOR HARRY
The basic conclusions of this memorandum dealing with the case of Harry v. Sally are that Harry has a strong case on the substantive issues in the case, but faces procedural barriers which must be overcome if he is to avoid enforcement of the outstanding support order and if he is to prevail in his action against Sally and Joe. He has a reasonable chance of succeeding, providing the Probate and Family Court is prepared to accept the logical policy premises which underlie the law in the Commonwealth of Massachusetts, as it applies to this matter.
1. Harry and Sally were married in 1989 and divorced in 1992. Sally was pregnant with little Harry at the time they were married and failed to apprise Harry until 1993 that Joe was little Harry's natural father. Harry was ordered at the time of the divorce to pay $75 per week in child support for little Harry. At some time in 1993 or later, the fact that Joe was the natural father was established through blood and genetic marker tests. The facts of the case are unclear on this point but it is assumed that Harry and Joe took those tests pursuant to an administrative proceeding before the Department of Revenue (DOR). Harry stopped paying child support after he learned he was not the natural father.
2. Sally and Joe were married in 1994. Joe adopted little Harry. Since Sally's welfare case was closed out in 1994, it is assumed that Joe has the financial capacity to support little Harry.
3. Sally was on welfare at the time of the divorce and assigned to the Department of Welfare (DOW) her right to receive child support payments. As the subrogee of DOW, DOR sought to enforce the child support order against Harry, intercepted a $750 tax refund due Harry and brought an action against him for civil contempt.
4. Harry denies liability for child support payments on the grounds that he is not the natural father of little Harry, brought an acti...