Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 02-06-2012, 06:41 PM
Senior Member
 
Join Date: Aug 2009
Location: Ontario
Posts: 972
representingself is on a distinguished road
Default Publicly naming dead-beats on social networks?

Just looking for some feedback...

Lets say you have a child support payor who is a classic deadbeat...

If the support receipient were to "out" the deadbeat on a social networking site, such as Facebook, in order to locate said person, or determine their place of employment...

Can the receipient get into any legal trouble? Technically it isn't "slander"...

Things that make you go hmmmmmm??
Reply With Quote
  #2 (permalink)  
Old 02-06-2012, 06:53 PM
blinkandimgone's Avatar
Senior Member
 
Join Date: Feb 2010
Location: Lucknow
Posts: 2,339
blinkandimgone is on a distinguished road
Default

I would think that kind of thing would be best left to the organizations designed to manage those types of things. I would also think that one who chooses to engage in that kind of behaviour is fairly low class and trashy, especially trying to draw others into it.

Perhaps not slander, but could potentially be seen as parental alienation. One should consider if they would want their kids to read what they're posting about their other parent - don't forget that anything posted online is forever and you have NO control of where it ends up or who it gets back to, despite your best efforts.
Reply With Quote
  #3 (permalink)  
Old 02-06-2012, 07:05 PM
Senior Member
 
Join Date: Aug 2009
Location: Ontario
Posts: 972
representingself is on a distinguished road
Default

Parental alienation aside, (as it has no direct relation to the original question)..

I should have been more clear on my definition of a deadbeat...

Specifically..

- a parent who does not have any contact with their child(ren), and
- refuses to pay any child support, and
- refuses to disclose income, and
- continuously moves to avoid detection, and
- deliberately quits long time job to stop payroll deductions, and
- cannot be located by FRO, and
- is thousand of dollars in arrears.

Last edited by representingself; 02-06-2012 at 07:05 PM. Reason: cause I felt like it...
Reply With Quote
  #4 (permalink)  
Old 02-06-2012, 07:54 PM
blinkandimgone's Avatar
Senior Member
 
Join Date: Feb 2010
Location: Lucknow
Posts: 2,339
blinkandimgone is on a distinguished road
Default

None of those things you listed gives a valid reason for poisoning the children against their father. In fact, there is no valid reason.

Legalities aside, because it's not technically slander, it's trashy. He could potentially have a claim for PAS against you if you chose to poison the kids against him for your own gain.
Reply With Quote
  #5 (permalink)  
Old 02-06-2012, 08:35 PM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 686
Berner_Faith is on a distinguished road
Default

I agree...just because he is avoiding CS payments or what not, that is no reason to trash him to the world, especially since your kids may see it... best you just move on with your life and eventually things will catch up to him. Leave it to the experts, he will screw up soon enough
Reply With Quote
  #6 (permalink)  
Old 02-06-2012, 08:35 PM
Junior Member
 
Join Date: Aug 2011
Posts: 14
Canan is on a distinguished road
Default

Don't do it, is all I can advise.

Even though FRO may be slow and this payor has been giving them the slip thus far, just let them handle your case.

If anything is posted on a social network about locating the payor, of course (s)he will know its you.

The unfortunate thing is, that since this payor is doing everything possible to not own up to providing for his or her children, you can't rely on the money the kids are obligated to receive and must do something else to make up for it. Bottom line, yes it sucks, but it's the unfortunate reality of a lot of recipients.

Even though it's rough and unfair, I say walk away from trying to get even. Let FRO do what they can. I know of some payors who eventually landed in jail.

Just try to move on and move up!!!
Reply With Quote
  #7 (permalink)  
Old 02-06-2012, 08:37 PM
Senior Member
 
Join Date: Dec 2006
Posts: 2,191
standing on the sidelines is on a distinguished road
Default

Plus once you open those doors you better be sure there are no skeletons in your own closet.
Reply With Quote
  #8 (permalink)  
Old 02-06-2012, 09:42 PM
Senior Member
 
Join Date: Mar 2011
Posts: 478
staysingle is on a distinguished road
Default

Representingself,

There is always another side to your post.
Reply With Quote
  #9 (permalink)  
Old 02-06-2012, 11:15 PM
Senior Member
 
Join Date: Sep 2008
Posts: 1,630
billm is on a distinguished road
Default

No need to "out" them, but you can use social networking to try to find them.

Posting negative things for public consumption is just not a good way to go.
Reply With Quote
  #10 (permalink)  
Old 02-07-2012, 06:16 AM
Senior Member
 
Join Date: May 2011
Posts: 1,372
Tayken is on a distinguished road
Default

Quote:
Originally Posted by representingself View Post
Just looking for some feedback...

Lets say you have a child support payor who is a classic deadbeat...

If the support receipient were to "out" the deadbeat on a social networking site, such as Facebook, in order to locate said person, or determine their place of employment...

Can the receipient get into any legal trouble? Technically it isn't "slander"...

Things that make you go hmmmmmm??
This does constitute slander.

But, the reality is that the person who pulls this stunt and does this is going to have it back fire on them in family court. Facebook/Twitter/Social Media is now the second most used cogent evidence in court cases.

To quote Justice Quinn in Bruni v. Bruni:

CanLII - 2010 ONSC 6568 (CanLII)

"In recent years, the evidence in family trials typically includes reams of text messages between the parties, helpfully laying bare their true characters. Assessing credibility is not nearly as difficult as it was before the use of e-mails and text messages became prolific. Parties are not shy about splattering their spleens throughout cyberspace."

Basically, it only demonstrates the person doing this' high-conflict issues (potentially personality driven, Axis II - Cluster B/C) and can be used to raise a lot of concerns by the party that this is being done against.

Family courts are not fond of this kind of behaviour. It never works for the party that does it. I would recommend that anyone going through seperation not do this with social media... Ever. It will come back to haunt them. The internet does not forget.

Good Luck!
Tayken
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -4. The time now is 02:19 AM.