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  1. #1
    Pat88998899 Guest

    Has anyone ever sued their spouse for slander?

    What is the name of your state?

    Massachusetts

    A friend of mine, Mark, whom I have known for 11 years, has a daughter who is 18, who lives with her mother. Jean, the mother, divorced Mark in 1995, 4 days after he had a heart attack at age 36, while he was still in the hospital. She went to visit him in the hospital, and told him, "This doesn't change things. We are still not getting back together." Their daughter was 7 at the time. Right after kicking him out, a male friend of theirs moved in with her, and has been with her ever since. He paid child support until 2000, when he had another heart attack, went back to work too soon, and then fainted while on a ladder, falling to the ground, injuring his back, hip and neck. He applied for disability and only after getting a lawyer, did he win his case in 2006. The wife was given retroactive benefits for his daughter in a lump sum. Now almost a year later she has the Department of Revenue taking half of his disability check for back child support. Mark was VERY close to his daughter, or so he thought. Previously, his daughter told him that her mother said that Mark left them. He told her the truth, but he didn't go into detail, because he didn't think she should be involved. Last week my son, who works with Mark's daughter, told me that Mark's daughter is telling people that her mother said she hopes Mark's name is on the house we just bought, because she will get half of it, and that he hasn't paid child support since she was 5.

    We did not buy a house. We rent a duplex, and just had to move from another duplex because it was being sold. Her mother drinks a lot and runs her mouth. When Mark confronted his daughter, at first she said that she didn't know what he was talking about, and then finally admitted it, but attacked him, echoing her mother's lies. He asked if she knew about the retroactive social security payment, and she said she didn't, but that she wanted nothing more to do with him, and said that her mother said that he is causing stress in her house. She obvioulsly doesn't know the truth and would not listen. Mark is devastated and deeply depressed and he is not a fighter.

    (A side note- During their marriage he handed his whole check over to his ex-wife, for her to pay the bills. Mark let his wife have the family car, which she gave to her new boyfriend, and she went out and bought a new car. He was upset that his wife was divorcing him, and became very depressed.)

    Does he have a case for slander since her and her daughter are spreading lies about him, and because of this his relationship with his daughter is totally severed?
    Last edited by Pat88998899; 04-29-2007 at 03:19 PM.
  2. #2
    LdiJ is offline Senior Member
    Join Date
    May 2004
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    65,883
    Quote Originally Posted by Pat88998899 View Post
    What is the name of your state?

    Massachusetts

    A friend of mine, Mark, whom I have known for 11 years, has a daughter who is 18, who lives with her mother. Jean, the mother, divorced Mark in 1995, 4 days after he had a heart attack at age 36, while he was still in the hospital. She went to visit him in the hospital, and told him, "This doesn't change things. We are still not getting back together." Their daughter was 7 at the time. Right after kicking him out, a male friend of theirs moved in with her, and has been with her ever since. He paid child support until 2000, when he had another heart attack, went back to work too soon, and then fainted while on a ladder, falling to the ground, injuring his back, hip and neck. He applied for disability and only after getting a lawyer, did he win his case in 2006. The wife was given retroactive benefits for his daughter in a lump sum. Now almost a year later she has the Department of Revenue taking half of his disability check for back child support. Mark was VERY close to his daughter, or so he thought. Previously, his daughter told him that her mother said that Mark left them. He told her the truth, but he didn't go into detail, because he didn't think she should be involved. His daughter works with my son. Last week my son, who works with Mark's daughter, told me that Mark's daughter is telling people that her mother said she hopes Mark's name is on the house we just bought, because she will get half of it, and that he hasn't paid child support since she was 5.

    We did not buy a house. We rent a duplex, and just had to move from another duplex because it was being sold. Her mother drinks a lot and runs her mouth. When Mark confronted his daughter, at first she said that she didn't know what he was talking about, and then finally admitted it, but attacked him, echoing her mother's lies. He asked if she knew about the retroactive social security payment, and she said she didn't, but that she wanted nothing more to do with him, and said that her mother said that he is causing stress in her house. She obvioulsly doesn't know the truth and would not listen. Mark is devastated and deeply depressed and he is not a fighter.

    (A side note- During their marriage he handed his whole check over to his ex-wife, for her to pay the bills. Mark let his wife have the family car, which she gave to her new boyfriend, and she went out and bought a new car. He was upset that his wife was divorcing him, and became very depressed.)

    Does he have a case for slander since her and her daughter are spreading lies about him, and because of this his relationship with his daughter is totally severed?
    No, I am sorry but he really doesn't have a case for slander. However, he really does need to take things back to court and see about getting the lump sum payment credited towards his arrearages.
  3. #3
    Gracie3787 is offline Senior Member
    Join Date
    Aug 2004
    Location
    Central Florida
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    5,648
    Unfortunately, LdiJ is correct. He wouldn't be able to win a slander suit. My husband and I know what you are going through, his ex made our life hell for years and has told his kids so many lies that they want nothing to do with him. I know it's hard, but he'll be alot better off emotionally if he can just accept that he can't change what ex did and go on with his life without his daughter. I know it's painful, and always will be, but believe it or not he can learn to accept it and live a happy life.

    The CS arrears are another matter though. He should get an attorney and file to have the lump sum credited toward the arrears. Hopefully that combined with payments that have been garnished from his disabilty will pay off the arrears. However, I strongly urge that he use an attorney and not try to file pro-se or rely on the CSE agency to do it.
  4. #4
    Pat88998899 Guest
    Thank you both for answering. They have his arrears up to 62,000, because they added interest and fees, so it is almost triple what the actual child support was, and it is impossible for him to ever catch up.
  5. #5
    Shaye is offline Member
    Join Date
    Apr 2007
    Posts
    38

    just venting

    I don't really have anything to add--you have been given some good advice. I hope an attorney can help, but they couldn't help us in that situation. The ssdi back-pay was not in our mix, tho. I have to wonder...Who the heck is writing these laws???? Good Luck to You, Dear.

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