Cops Base Child Support Delinquency Charges on Facebook Evidence

Under New Jersey law, both parents are legally required to contribute to a child’s financial support. Child support orders are generally calculated with a formula that accounts for each parent’s income, the percentage of time the child spends at each parent’s home and the child’s expenses. It is very important that child support orders are appropriate so that the child will receive an adequate amount of support and so that the paying parent can afford to keep up with the order. When parents fail to pay court-ordered child support, they can face serious criminal repercussions.

In a recent case in the Midwest that has garnered a lot of media attention, a man was charged with failing to pay child support after police saw photos of him posing with a pile of cash on Facebook. While this man has not responded to the charges yet, and it is not known whether the cash in the photos was his own, this case illustrates that states are serious about collecting child support.

County authorities where this case is taking place told ABC News that Facebook has become an asset in child support cases. Even when Facebook profiles are blocked from public view, courts can order Facebook to provide access to a person’s profile when prosecutors have probable cause.

Facebook evidence–photos and wall postings–can provide investigators and attorneys a glimpse of a person’s lifestyle, which can help paint a picture of whether a person can afford child support or has hidden assets. This might also be true in spousal support cases, and during the property division process in a divorce.

This case should remind New Jersey residents that there are penalties for failing to pay child support, and should one become unable to follow a child support order it is wise to seek legal guidance and ask the court for a modified order. Those who are having difficulty obtaining child support may also benefit from legal counsel. And, of course, those who are involved in any family law dispute would be wise to ensure that their social media profiles do not present information that may seem contrary to what one would present in a court of law.

Source: ABC News, “Facebook Money Pics Bust Dad for Allegedly Dodging Child Support,” Alexa Valiente, March 22, 2013