Social media has become a cornerstone of many of our lives over the years. As a result, almost everyone posts about their lives on Twitter, Facebook, Instagram, or some other social media site. However, while many social media posts can be fun and harmless, others have the potential to affect legal decisions.
At The Valley Law Group, we are proud of our team of dedicated family law attorneys who will work to get you a favorable outcome for your family law case. We understand the role of social media in child support cases and can work with you to use social media to your advantage. Just as importantly, we can help you avoid posting something that could end up harming you down the line.
What Are the Ways Social Media Can Affect Child Support Cases?
Judges in family court cases may use posts from social media to influence their decisions. They may also consider social media posts when deciding on an appeal to a previous ruling. If you know how to use social media properly, this may be a boon to your case and lead to a positive outcome for your child support decision. On the other hand, failure to adhere to some of the basics of posting could negatively impact your case and lead to a judge ruling in the other party’s favor.
Let’s look at some of the primary ways of using social media for child support cases.
Finding an Absent Parent Through Social Media
When a couple gets divorced and there are children involved, the court will typically require one parent to make child support payments to another. Of course, if no one can find or reach the other parent, child support may not be possible. The court will need to reach the individual in question before it can order any child support payments to the other spouse.
The government uses the Federal Parent Locator Service to attempt to find parents who owe financial support to their spouses. While this service does find parents, you can also use social media to try and help the search along.
Finding your former spouse on social media may give you clues to where they are living or working, allowing you to receive child support payments. You can present your findings to your lawyer and allow them to handle the rest of the process of contacting the individual in question.
Evidence of a Parent Lying About Finances
When determining child support, a parent should disclose all the income they have and any valuable assets that may be important to know about. However, some parents may try to claim a lower income to avoid paying the full amount ordered by the court. For example, a parent may attempt to hide a secondary income or get paid under the table to avoid declaring the total amount of money they have coming in regularly.
Social media can give you a window into your spouse’s life. If you see them posting pictures of unexpected extravagant purchases or a luxurious vacation, you may wonder if there’s something they aren’t telling you about their financial situation.
Of course, someone posting about purchases or vacations is not proof they are doing anything illegal. They may not even be misrepresenting their financial situation. While in these cases, social media won’t be proof of any hiding of income, it can give you a clue to investigate.
If you notice your spouse posting about purchases they shouldn’t have been able to make, you can instruct your attorney to investigate deeper and try and determine if there is any income stream you weren’t previously aware of.
If you and your attorney can discover any evidence of unaccounted-for money, you can appear before a judge and present your case. The judge will hear any evidence you may have and may decide to amend a child support payment to give you more or allow you to pay less.
Evidence of a Parent Participating in Illegal Activities
Many people make posts on social media without thinking about the long-term repercussions of the posts. While they may believe it is just harmless fun, some of these posts may suggest the person has an unhealthy, dangerous, or illegal lifestyle. Social media posts demonstrating a parent partaking in illicit activities can change the parenting plan after a divorce.
For instance, you may see your spouse post pictures of themselves out at a bar drinking alcohol. While there is nothing illegal about drinking if they are of age, they may be making these posts when they are supposed to be spending time with the children. Their post may also imply that they were partaking in illegal drugs or potentially driving while intoxicated. With these concerns, you may worry about who is watching your child or how this activity affects your spouse’s ability to provide care.
If you notice a pattern of concerning social media posts, this may be a cue to speak with an attorney about a modification to your parenting plan. If a judge believes the current living situation is no longer tenable and safe for the child, they may order a change to the parenting time for each party.
Child support payments in Arizona factor in the amount of time each parent spends with the child to determine what a child support plan will look like. If a judge grants you more parenting time with your child, you will likely have to pay less in child support. Of course, the opposite holds true as well, making it vital to monitor what you post on social media.
Demonstrating Issues With a Parenting Time Arrangement
While most people tend to author posts on social media that portray life in the best possible terms and showcase only the positive elements, sometimes the truth may shine through that all is not as it seems. You may notice social media posts from your spouse, child, or other family member demonstrating that there is a problem with the parenting time arrangement the court has ordered.
For example, you may notice that while your spouse claims they are taking care of the child, the child is spending most of their time at another family member’s house. Or ,a post may imply the child is not getting enough time with the parent who is supposed to have parenting time.
In these situations, the social media posts and an investigation from your attorneys may be able to prove that the other party is not upholding their end of the agreement. If your attorney can convince a judge to revisit your case, they may alter your parenting agreement, including the possibility of a change of child support payments.
Ethical Considerations in Social Media Use For Child Support
There are always ethical concerns related to any matter of family law, but using social media is a new tool for the legal system to assess. Using social media posts as evidence in family court can help you advocate for your case, but it may also dredge up unpleasant feelings and memories for the parents or children involved.
You should use discretion when using social media posts as evidence in court. Some posts do not tell the whole story, and you’ll want to make sure you have other evidence and additional information before making accusations.
For instance, you may notice your spouse going on an expensive trip they shouldn’t be able to afford. This may be a sign of them hiding additional income that you have a right to in child support, but a picture may not tell the whole story. For example, a friend or family member may have paid for the trip. Without doing any further research, you risk making a claim without any legal ground to stand on and harming your reputation and potentially the other party’s as well.
Managing Social Media During a Child Support Case
While social media has become a big part of nearly everyone’s lives in the past 15 years, there are benefits to addressing your social media use during the period before and after your divorce.
Refrain from Posting
During a divorce and family court case, it may be a good idea to avoid posting anything on social media until you settle matters. If you’ve ever watched a police procedural, you’ve probably heard someone mention how anything you say can and will be used against you in court. While they’re talking about criminal proceedings, this policy can be relevant if your spouse is consulting with a skilled lawyer in your civil case.
Posts on social media often give a small snapshot into someone’s life and can often be a bit misleading about the bigger picture. While you may not plan to say anything malicious or incriminating in a social media post, another party may interpret it in an uncharitable light. They can use these posts to create a negative impression of you in court, and it may affect your parenting plan and the judge’s decision.
The best policy is to stay off social media until the dust has settled on the case and the divorce. There is little for you to gain by posting anything related to the case on social media, and it may be evidence against you in the future. While there’s nothing wrong with posting a cute picture of your pet, any posts will be under higher scrutiny. Avoiding posting altogether may be in your best interest.
Ask Friends and Family to Consider Avoiding Posting About You
You should also speak with friends and family members about their social media posts during the case. If possible, you’ll want them to avoid commenting on the case or you while the divorce is ongoing. A picture of you they post may have unintended consequences if the other party’s counsel sees it and figures out a way to use it against you.
Carefully Monitor Your Posts
If you must stay on social media for any reason, you’ll want to be very careful about what you post. While it may seem clever to post song lyrics or something with symbolism about the case, this can end up being evidence of negatively posting about the other party. Avoid posting anything with even a remote chance of negative interpretation.
Ensure Your Profile Is Private
Set your accounts to private as quickly as you can, and monitor who can see the things you post. You should remove your ex-spouse as a friend or follower on social media as soon as possible, as well. You may also want to block or unfriend any mutual friends you share with your ex-spouse, as they may report your social media habits to the other party.
Avoid Incessant Deleting
If you make a post that will become evidence, you’ll have to accept that you made a mistake and leave the post up. Deleting the post may lead to an accusation of tampering with the evidence. You’ll want to leave the post up, but you should speak with your attorney about what to do moving forward.
The Valley Law Group: Experienced Arizona Family Law Attorneys
Family law is an extremely complicated process to navigate on your own – especially when it comes to divorce. If you’re facing divorce in this age of social media, you’ll want an attorney on your side who understands the laws and can advocate for you in court. Whether you need help planning for your case or require comprehensive representation, our team at The Valley Law Group can help.
Contact us today for a free consultation and to learn more about how we can help you.
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.