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Could Your Social Media Posts Be Used Against You During a Maryland Divorce or Custody Case?
So many of us use social media every day that we don’t think twice about what we’re sharing. It’s a natural place to update friends and family about important life events or share photos from trips and social events.
Although social media can feel casual, during a divorce and really in most types of litigation, posts and photos can be used as evidence. A picture from a vacation, a post about a new car, or location tags at expensive restaurants may tell a different financial story from the one someone is presenting in court, even if it is not completely accurate.
Exercising caution about social media is important – both during the divorce itself and even in the aftermath - especially when parties disagree about income, alimony, or child support. And your social media posts can potentially remain just as relevant months or years later if one spouse or co-parent asks the court to change an existing order.
Arguments over finances can be difficult because lifestyle and spending are often issues of significant contention. If you are going through divorce or post-divorce litigation, our team of Maryland family law attorneys can help guide you through the process.
How Do Social Media Posts Affect Alimony or Child Support in Maryland?
Social media can sometimes be used to provide evidence about a person’s finances or lifestyle. Whether the post actually shows what one party claims it shows can be less important than whether that party can use the post to successfully make an argument.
For example, a common scenario in post-divorce litigation is that one party tells the court that their income has fallen sharply and they can no longer afford the same level of spousal or child support. At the same time, their social media account shows fine dining, a new vehicle or other purchase, and international travel.
Those posts do not automatically prove hidden or even significant income; nevertheless, they can be used to raise questions about whether what the person is saying about their finances is true.
For child support, Maryland Family Law § 12-104 allows a court to modify payments when there has been a material change in circumstances. A significant increase in income could support a request from the receiving parent for larger payments. Social media may be used as evidence for that increase.
Can Social Media Affect Custody or Parenting Time After Divorce?
Social media also has the potential to affect parenting time and decision-making authority during and after a divorce. For example, imagine a parent repeatedly posts from weekend trips during periods when the custody order says the children should be with that parent. If the other parent later asks to change the schedule, those posts could help show that the current arrangement is not actually being used followed as intended.
The same principle can apply when posts raise questions about a child’s safety or a parent’s judgment.
A social media post will rarely decide a custody case by itself. It may, however, become part of a larger body of evidence supporting one parent’s version of events.
Should You Stop Posting on Social Media During or After Divorce?
You don’t have to disappear from social media during your divorce or post-divorce litigation, but you should be especially careful about posts involving money or parenting. Even after the divorce is final, the same caution is important if you have child support, alimony, or custody obligations.
For many people, finalizing their a divorce or custody matter does not mean they hav’ve seen the end of family court. People often return to court years later because one former spouse party thinks that circumstances have changed enough to ask the court for more of what they want. Social media can create a record of those changes without you realizing it.
Should I Delete Social Media Posts if I’m Involved in a Family Law Case?
Your best approach is simply to remember that anything posted publicly may eventually be seen by the other side – and used in court.
Deleting posts after litigation begins can almost always is be a bad idea. If social media is used as evidence in a case, you may have a legal obligation to leave it alone so you don’t do not destroy evidence. If you a’re considering deleting social media posts that you think your co-parent or former spouse is going to use against you, speak with an attorney before you make any decisions regarding deleting posts.
Call a Baltimore Divorce Attorney Today
Social media posts can affect divorce and custody cases in ways that surprise people. You can avoid this by working with our team of Baltimore County post-divorce litigation attorneys at Silverman Thompson. We work closely with our clients to help them understand how social media may affect financial or parenting issues.
Call Silverman Thompson at 410-385-2225 to discuss your situation and how to protect yourself during your family law case.







