People going through a
child support case or
custody case must be much more aware of their social media posts and the posts
of their friends in which they are tagged. Facebook, Twitter, Linked In
and other online posts are often checked-up on by the spouse or other
parent involved in Family Law litigation.
As a practicing matrimonial attorney, I frequently have a client who provides
me with screenshots of Facebook or other social media posts to prove that
the other parent has more money than they say because of pictures and
posts from their leisure activities, such as going out to dinner, weekend
trips, recreational activities, gifts purchased for new friends and on
and on it can go.
Clients will also use the same information to try and prove a parent is
using drugs or associating with people that abuse drugs. They use pictures
and posts to try and show that the other person is with a known drug user
or perhaps a person that has been to jail.
Because you can be tagged in other people's posts it is not enough
to just be careful about your own posts. Therefore since you can't
control what other people post, consideration should be given to not even
maintaining an account on social media until your case is finished. If
you have no user name and account you can't be tagged by other people,
there will be no embarrassing photos or foolish posts.
At a recent deposition, my client who had previously had major cancer surgery
and who was working but not at the same capacity as previously, was questioned
about participating in a mud run and his statement that he finished all
the obstacles and his rank in his age group. While the client, at least
from the photo was not very dirty compared to the people he was standing
next to it caused him a problem that never needed to exist.