Different forms of social media, Facebook in particular, have become the divorce lawyer’s best friend as a source of damning evidence. In fact, we have blogged about this before. The New York Post today had a story that must serve as a primer on what not to do what when you are seeking permanent alimony alleging disability.
In this case out of Staten Island, the wife sought permanent alimony alleging that she could not work, rarely left home and rarely socialized because of injuries from a 1996 car accident. Notwithstanding that tale of woe, she was belly-dancing for hours a day and then spending several more hours a day blogging about it. And if blogging was not enough, when she was asked by a Facebook friend why she was not posting pictures from her performances, the wife responded, "Gotta be careful what goes online, pookies. The ex would love to fry me with that."
He did. And so did the Court. Instead of getting the $850 per month in permanent alimony she sought, she received an award of only $400 a month for two years. She also got only 40% from the proceeds of the sale of the marital home and her husband was granted a substantial award of legal fees for her "dilatory tactics."
What is the lesson from this? Those who post evidence of their fraud upon their spouse and the Court have no one to blame but themselves when they are exposed.