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Social Media and Family Law

Publish Date: 07/25/2017

One of the things a good family law attorney will tell you in a first meeting is to beware of what you post on social media during the pendency of any family law action. So much can be learned about a client and opposing party by what is posted various social media. In fact, a good family law attorney will look up clients and opposing parties on social media to get a further glimpse into the case and hopefully find information that can be used to their advantage in the case.

In a family law case that seems never ending, Sherri Shepherd has called out her ex-Lamar Sally for a recent social media post. Sherri Shepherd Calls Out Ex-Husband Lamar Sally After Posting His Dating Profile, by Mike Vulpo, eonline.com, January 25, 2017. Apparently, Sally has been using the dating website, Black People Meet, and his profile lists his income as $75,000-$100,000. However, in court documents related to the pending case, Sally claims he only works 20-30 hours per week. Certainly, it is possible that he makes this amount working part time, but the more likely situation is that he is bringing down his income for the child support case and inflating it on his dating profile. While a social media post will not hold the same weight as a sworn declaration of income, a court would be remiss to not explore the situation further as it seeks to determine his true income. Shepherd's attorney was probably thrilled when this dating profile was discovered as it will help paint Sally as a person who stretches the truth and make him less credible in the eyes of a judge.

It is best to refrain from social media posts during a pending family law case because an opposing party/attorney will try to twist whatever you post to fit their agenda. For example, if you post a picture from a friend's birthday party at a bar, the opposing party might try to say you drink too much and are an unfit parent. If you post anything about a new job or promotion, the opposing party will no doubt jump right on that and bring it into any discussion about child support or alimony. Further, if you are not yet divorced and are setting up profiles on dating sites, you should certainly expect this to be brought to the court's attention. (As another tip, do not set up dating profiles before you have even filed for divorce - this is the first thing the opposing party/attorney, or even your attorney, will look for.) If you are very active on social media and do not want to completely stop during your family law case, at the very least you should make all your profiles private. This will not completely solve the problem, as friends could still inform your ex about what you are posting, but it can help keep your ex or his/her attorney from finding it themselves.

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