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  • 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??

  • #2
    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.

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    • #3
      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, 08:05 PM. Reason: cause I felt like it...

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      • #4
        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.

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        • #5
          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

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          • #6
            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!!!

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            • #7
              Plus once you open those doors you better be sure there are no skeletons in your own closet.

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              • #8
                Representingself,

                There is always another side to your post.

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                • #9
                  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.

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                  • #10
                    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

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                    • #11
                      Thanks all... Much appreciated!!

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                      • #12
                        Having to deal with a DBD I know it can be frustrating, but a data base or "outing" DB's will do no good at all. How each person decides someone is a dead beat may vary, this outing is a slippery slope that could cause heartache for both parties involved. It is a PERSONAL issue.
                        For instance I wouldn't want a potential employer to see my ex didn't pay CS for over a year, I'd like his potential new employer to give him a job so I can start recieving CS. If he can't get gainful employment because I posted nasty things about him (even if they are true) than who is really to blame for the next 12 payments he will miss?
                        Much better to go the private way, support and co-operation will bring in more for your children than contempt and arguing will.

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                        • #13
                          Originally posted by MommaMouse View Post
                          Having to deal with a DBD I know it can be frustrating, but a data base or "outing" DB's will do no good at all. How each person decides someone is a dead beat may vary, this outing is a slippery slope that could cause heartache for both parties involved. It is a PERSONAL issue.
                          For instance I wouldn't want a potential employer to see my ex didn't pay CS for over a year, I'd like his potential new employer to give him a job so I can start recieving CS. If he can't get gainful employment because I posted nasty things about him (even if they are true) than who is really to blame for the next 12 payments he will miss?
                          Much better to go the private way, support and co-operation will bring in more for your children than contempt and arguing will.
                          All well put and correct. Excellent points!

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                          • #14
                            Another point to database is, who vets the entries? Who determines which is valid or invalid? Can anyone submit a name and say such individual is in arrears?

                            There have been DBD sites. Most were either a) taken down due to court challenge (ie. individuals who were not a deadbeats were listed by spiteful ex's and the site was found to have a duty to enquire and did not) or b) became inactive after time as webspace is expensive to maintain and people just didin't have the wherewithall to maintain it.

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                            • #15
                              A good lawyer friend of mine and I had a discussion about this very topic. Section 298 of the CCC states:

                              "Definition
                              298. (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published."


                              But for there to be a criminal or civil liability, even if the information is true, intent is the key element.

                              For example, if a known, repeat sex offender moves into my street, I could make the neighbourhood aware with the intent to protect the kids. But if my neighbour get arrested for being drunk in a public place and I post the arrest report on a post on his lawn, I very well could be subject to criminal and civil liabilities.

                              In my opinion, if I were a deadbeat and my ex-wife put made a Facebook site with my picture and information on it, she better have a solid case demonstrating to both a lawyer and the police that her actions had a lawful intent!

                              Comment

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