Many people who are getting divorced recklessly put their life out there in cyberspace through Facebook, MySpace, LinkedIn, Twitter and other forms of blogging. Some typical types of social media postings that impact family law cases are as follows:
- Post a picture of your new motorcycle or Beemer after you have just filed a motion to reduce your child support and alimony?
- Are you tweeting about your crazy Saturday at the Jersey Shore when you were supposed to have parenting time for your kids.
- Are you updating your status about your date night with your new girlfriend, even before you have separated from your wife?
It is important to emphasize that there is a very good chance that while you are posting this information on the net, your ex-spouse and her lawyer is printing out this information. Moreover, your ex-spouse will undoubtedly try to use this information at any trial.
The main lesson to learn from these types of disasters is that you should carefully consider the potential legal ramifications before you post any information on the net or on any social media website. Moreover, you should refrain from commenting about your spouse, her lawyer, or the judge on the internet. This point can’t be overly emphasized. I had a case wherein my client made negative comments about a judge and his ex-wife recorded him. The parties were still living together when the divorce was being litigated. Ultimately, these recordings were played at the trial. The recordings had no relevance but there were other factors involved. In the end my client was wiped out financially, and the negative comments about the judge that were recorded certainly did not help his case. Finally, you should not post any pictures of any type of content that could be used against you in family court, and this includes partying, gifts to or from a new girlfriend, or places you should not be. If you are fighting for more time to spend with your kids, and if your ex-wife digs up Facebook postings of you at the strip joint or doing beer bongs at Cancun, then your case could be “nuked.†This type of evidence could haunt you for years to come.
2. What are some scenarios when Facebook evidence can be used in a family law case?
- In a child custody case, any pictures of a drunk parent or any information that demonstrate that the children are not being properly cared for.
- In any type of hearing to reduce child support or alimony if there are photographs that prove that the payor/spouse has a “rapper type†lifestyle can be very helpful. For instance, any photographs of expensive vacations, new cars, or any other large purchases can be used to prove that the payor/spouse can still afford to pay the same levels of child support or alimony.
- Any type of evidence that proves that the other party’s lifestyle contradicts his claimed income.
- Any posts, job titles or other indications that a party who is unemployed and not paying child support is not actively seeking a job.