In the Digital Age, social media is an integral part of the lives of many people. Social media is a powerful tool, a technology that most certainly can have unintended consequences. These unintended effects can (and oftentimes do) rear their heads in New Jersey divorce cases. This includes situations in which social media significantly impacts New Jersey child support disputes. In this article, we explore seven fundamental ways in which social media can negatively impact your position in a New Jersey child support dispute:
The stark reality is that people from all walks of life have a natural inclination to spruce up their lives when they post at social media platforms like Facebook, Instagram, and TikTok. On some level, social media serves as something of a highlight reel of people’s lives. Another important reality is that when a person is involved in a child support dispute, posting about expensive vacations, luxury purchases, or a lavish lifestyle can – and in a big way. The most common scenario in this regard is a situation in which a person in a child support dispute claims financial hardship in court but social media profiles suggest otherwise. At a minimum, a court may question the credibility of that individual. You must understand that judges in New Jersey can use evidence derived from social media to determine whether you are accurately reporting your income and ability to pay child support of a specific amount.
On a rather related note, if you are self-employed or work in a cash-based industry, your social media activity could inadvertently reveal details about your income. For example, posting about a new business venture, a promotion, or a side hustle can be used to argue that you have more financial resources than you disclosed during the course of child support proceedings. In New Jersey, child support calculations are based on income. Any evidence of unreported earnings can lead to higher support obligations. Remember: Such evidence can be drawn from your own social media postings.
A primary consideration to bear in mind during divorce and related proceedings is to avoid using your social media accounts to vent your feelings or frustrations. Posting negative comments about your co-parent, the court system, or your child support obligations can harm your case – full stop. The blip of relief you might garner by making such a social media post can be offset significantly by the very real damage that activity may cause to your position in a child support dispute. Frankly, a judge may very well view such behavior as evidence of poor character or an unwillingness to prioritize your child’s best interests. In New Jersey, family courts always prioritize the best interests of the child, including in child support matters.
Many social media platforms automatically tag posts with location data and timestamps. If you claim to be unemployed or underemployed but are frequently tagged at restaurants, events, cultural, or recreational activities, this information can be used to challenge your claims. In New Jersey, courts may interpret this as evidence that you have the time and resources to seek employment or contribute more to child support.
If you are seeking a reduction in child support payments based on increased parenting time, your social media posts have the potential to undermine your case in this regard. By way of example, posting about being out of town or engaging in activities that do not include your children during claimed parenting time works to contradict your assertions. New Jersey courts utilize actual parenting time as a factor in the calculation of child support.
As was touched on previously, engaging in public arguments or making disparaging remarks about the other parent on social media can have serious consequences, including in a New Jersey child support dispute. Not only does this reflect poorly on your ability to co-parent effectively, but it can also lead to accusations of parental alienation. In the Garden State, family courts emphasize the importance of fostering a positive relationship between the child and both parents. Any behavior that undermines this goal can negatively impact your case, including in regard to issues surrounding child support.
Finally, even if you delete a post to conceal something or another you regret posting, it may already be too late. The other parent or that person’s legal counsel easily can take screenshots of your social media activity and present them as evidence in court. In New Jersey, these screenshots can be used to challenge your credibility, financial disclosures, or parenting claims. Remember, anything you post online can become part of the permanent record in your New Jersey child support dispute. If you have questions concerning a child support dispute, call the Law Offices of Peter Van Aulen at (201) 845-7400 for a free consultation.