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  1. #1
    Join Date
    Sep 2008
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    Default Fake MySpace Profile

    My question involves defamation in the state of: New York
    well i did something dumb to get back at the ex for not paying child support. I basically made a myspace page in her name with photographs of her drunkeness. You never actually see her face and i recount stories of all the things she did around our son while drunk. The site has since been shut down but she is saying she will call the police. I didn't slander or libel anything because its all true. the only thing i can think of is posting pics w/o her permission but again you dont see her face.

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
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    1,226

    Default Re: Fake Myspace Profile

    Quote Quoting wormicide
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    well i did something dumb to get back at the ex for not paying child support.
    Dumb is right! Chances are it won't go anywhere but if it does, and she can prove it was her in the pictures and that you created a site in her name using her information (as you admitted), you could be headed for trouble. I don't know what your legal question is but my advise is to humble yourself and apologize to her for your 'err in judgment'.

    Her not paying CS should not be aired out or fought in an internet forum, it's a matter for the courts to handle. As a divorced father of three boys: It's not about you or her, it's about the child(ren). If they are healthy, happy and growing, that's all that matters. The issues between you and your ex are insignificant to your child(rens) well-being and your public 'rant' on her will get you nowhere; except trouble.

  3. #3
    Join Date
    Sep 2008
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    2

    Default Re: Fake Myspace Profile

    Well my legal question is what charges if any can be filed?

  4. #4
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
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    1,211

    Default Re: Fake Myspace Profile

    Do you mean like criminal charges, or if she can sue you in civil court?

    Since this is the defamation area, I'll go with that. Truth is an absolute defense to slander/libel. It is not, however, a license to be a jerk to people. You and she didn't split on the good terms. Great. Now you have to worry about her, the kid, and whether or not she's going to retaliate, and if she can convince the police that you cyberstalked/harassed her.

    Say, take NY Penal Law 240.30. From reading the statute, I don't think this applies because:

    b) causes a communication to be initiated by mechanical or electronic
    means or otherwise with a person, anonymously or otherwise, by
    telephone, or by telegraph, mail or any other form of written
    communication, in a manner likely to cause annoyance or alarm;

    You weren't talking to her . . .

    But, why put yourself in a position where you are at least vulnerable to even having to worry about this?

    Also, I wouldn't apologize to her about because saying to her that you're sorry for doing it literally translates to saying, why yes, I did do that and now I've admitted it.

    You might take a middle of the road approach, maybe something diplomatic like we've both had a rough time and said or done things we shouldn't have, but I'd like to at least try for us to be cordial so that our son has the best chance at normalcy. We should stop punishing him because we haven't acted like adults.

    And leave it there. If she doesn't push it, consider yourself lucky and don't be a jerk anymore.

    But there are potential legal troubles for you if someone chooses to make an issue of it, and an attorney in your area can discuss them with you based on the laws of new york - or even interstate laws if necessary.

    I'm glad you realize it was dumb. And quite frankly, you don't do your son any good if you're both 1.) not getting child support (negative income) and 2.) spending the money you aren't getting in child support having to hire a lawyer because you did this.

    G'luck, sir/ma'am.

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