Social Media Implications Relating to Family Law

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday, July 16th, 2020

Today social media has become part and parcel of our daily lives. So much so that it can be used in a court of law to prove certain facts. As in other parts of the law, social media has changed family law quite a bit. Here are some of the corresponding implications. 

Social Media Content Is Now Admissible In Court

Since social media has become an integral part of our lives, digital content can be presented to support or demolish certain facts and narratives of a particular case. When the content has been legally obtained, the judge will allow the content into evidence and if it contradicts formally made statements such as affidavits, it can raise some very serious credibility issues. These may build or damn your case altogether. 

Content That Can Impact a Family Law Dispute

It’s always important that people take extra care when posting content online. These photos, videos and posts can be used against you in a court of law and end up costing you the case. During a family law dispute, sharing certain type of data can be detrimental to your case. This includes sharing private information concerning your children, spouse or the court case. You can also get in trouble by posting content that depicts dangerous, antisocial behavior. In custody cases, this content can be used as evidence of showing that someone is an unfit parent or that they don’t deserve to have custody of the child. 

Child and Spousal Maintenance

In cases where one party is looking for parental support for a minor or even spousal support altogether, social media posts can be used to make a case. Often the court will order one party to pay a certain amount of money every month. From this order, a party may claim hardship which means that they cannot fulfill this obligation. To show that the other party is being untruthful, social media content such as photos of someone living lavishly can be used to support their claim. This can include digital content depicting holidays, new asset acquisitions, eating out can be very compelling evidence for your side. 

It’s important to keep track of what you post on various social media platforms. Always think twice before you post as a single post can do a lot of damage in a family law court. Call us today if you need help with your family law case!

Should Kids Be Involved in Estate Planning for an Elderly Parent?

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Thursday, July 16th, 2020

Estate planning is often an uncomfortable topic for many people. Some think that planning their estates means that they are a step closer to the grave. Although it might be an uncomfortable to do, planning your estate can be instrumental in avoiding chaos after you have passed away. 

For the elderly, planning your estate should be a priority. That’s basically so that should anything happen to you; you’ll know that everything is in order. In cases where the parent is quite senior, having the children involved in the estate planning process and this is why:

Someone You Can Trust

People of advanced age are often taken advantage of by unscrupulous people in our society. As a parent gets older, their bodies or mental faculties might start to fail them. To ensure that all your day-to-day finances are taken care of, you will need to appoint a power of attorney. That power of attorney can be given to your child and as such they should be involved in the estate planning. 

In Cases Where There Is a Minor

In cases where the parent is elderly and they have children under the age of 18, a personal guardian should be appointed. To ensure that everything transitions as planned, it’s good to involve the child when making this decision. If something happens to you and the child is left without a parent, leaving that child to someone they know and trust will work out a lot better. As such you might want to speak to the kids about whom they feel most comfortable with. 

In Matters of Finance

When planning your estate, financial matters take up a huge chunk of the planning. Although it’s not a must to keep your children in the loop when it comes to financial matters, it’s always good practice to keep people in the loop concerning the state of things. If your children are adults, you can speak to them about the state of the finances and also let them know what you expect upon your departure. This is usually beneficial to the kids so that they can know what to expect upon your passing. 

All through this period of time, you should always have a trusted lawyer by your side. At Wickersham & Bowers, we ensure that all matters regarding your estate planning are handled professionally and diligently so that everything stays in order.