- Social Media Posts Could Imply Hidden Assets. For example, you might claim that you do not have enough money to meet child support or alimony demands, but then post a picture of yourself on vacation. The court can use this against you to argue that you are able to pay spousal support. Similarly, mentioning a promotion or raise can be used in court to argue that you have the ability to pay full spousal or child support. Remember that “social media” isn’t limited to Facebook and Instagram. Posts on professional networking accounts such as LinkedIn or even dating site profiles can be used against you too. Everything you post anywhere on the internet can be seen by people who know how to find it.
- Your Online Activity Can Be Interpreted as Evidence for Incredibility or Irresponsibility. Even if you are a caring and trustworthy parent, the court could decide that social media says otherwise. Photos from a night out with friends could turn into “evidence” that you can’t be trusted with your children, and cause you to lose child custody privileges. Or a simple caption about your “new phone!” could spiral into an argument that you are lying to the court about your financial situation. An innocent photo with a friend could even be interpreted as evidence of infidelity.
- Other People Could Unintentionally Hurt Your Case. Your precautions around social media can’t prevent your friends from posting something compromising. Perhaps you go out for a few beers and your friend posts a picture. This picture on your friend’s account can still be used against you, says DivorceMag, even if you’re not tagged. It’s a good idea to request that your friends and family avoid any posts involving you while the divorce proceedings are being finalized.
- Nothing is Private. One of the most common mistakes clients make in divorce and custody cases is believing in privacy settings. For example, you can block your ex from your social media, but that doesn’t mean that your ex isn’t in contact with people who you haven’t blocked. In addition, even deleted posts can be cached and found on some search engines.
- Never Let Your Guard Down. Even once your divorce is finalized, spousal support and child custody can still be modified later. Don’t allow social media posts to jeopardize your custody or visitation privileges, or cause your ex to demand more money based on what it looks like you can provide.
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