While many people are increasingly living their lives in the public eye by posting details of their daily activities on Facebook, Twitter or other social media sites, this practice can pose problems if you are involved in a divorce or even after a judgment is entered in your divorce. There is a fair chance that your spouse may watch your social media pages so the information posted their can come back to haunt you. The types of posted information that can be damaging covers a broad spectrum of topics, ranging from evidence of financial lifestyle that may be relevant to child or spousal support to evidence of partying behavior that may become relevant in a child custody dispute.
Our experienced New Mexico divorce lawyers at Jay Goodman & Associates have provided an overview of issues to be aware of regarding the use of social media if you are involved in a family law action in New Mexico. Many people never stop to consider how information posted on their social media site might appear if it is taken out of context during a divorce or paternity action. One serious misconception made by many people is that information that is not public on their social media site is secure. The reality is quite the opposite as many family law judges across the U.S. are now routinely directing parties in litigation to disclose their social media passwords. The safest assumption when posting or messaging someone on a social media site is that your spouse will see all of your activity.
Child Custody/Visitation:
Pictures of parents engaged in unsafe activities like driving after a night of drinking or engaging in the use of illicit substances may lead to the other parent requesting a mandatory drug test. Concerns that a parent may have a substance abuse issue or may drive while under the influence of drugs or alcohol can result in an unfavorable parenting plan. Any parent involved in a child custody case in New Mexico should consider how pictures and disclosures about conduct might be misconstrued if taken out of context to make the parent look irresponsible or unfit.
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Spousal Support (Alimony):
Social media sites are becoming a rich source of evidence in alimony disputes. Substantial changes in the ability of the obligated parent to pay or the financial need of the recipient parent can constitute a substantial material change of condition justifying a modification of spousal support. It is important to keep in mind that sometimes you do not even need to post pictures of extravagant vacations, a new boat or luxury car to raise potential issues. For example, Facebook may update your status showing you were traveling when you check in to post your status. The point is that the cost of that new luxury toy or relaxing tropical vacation may become a whole lot more expensive if it provides evidence to support a reduction or increase in spousal support.
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Enforcement of Child Support:
Courts are extremely aggressive about enforcing child support orders. If you provide information about assets on social media sites, you may provide a roadmap for the other parent or a government entity looking for assets against which to seek enforcement of a child support order.
The above information is designed solely to illustrate general principles of law, and does not constitute a specific legal opinion on individual cases. We suggest that you contact experienced legal counsel for a specific opinion tailored to your individual circumstances.
If you have questions about social media use during a New Mexico divorce, Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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