Can examples like this be considered for any suit?

[Bird79]

What is the name of your state? NY

The following is an email, slightly edited for privacy purposes. it is from my husbands ex-wife, she forwarded an email re: summer camp info to him but didn't realize she forwarded every email between her and the camp, the intital one she sent the camp is below - it seems as if she tried to lie to gain monetary sympathy. At the time she sent it (2/08) he was about three months worth behind in total (she is suppose to get $200/wk), but she gets half of his income as he gets paid, she gets at least 1-2 checks a month (he is laid off from the union and trying out his own LEGAL contracting gig while awaiting an other job) She has lied often but this is one with tangeable proof. She gets paid through support collections so an objective record is available. In 2007 out of the 15,000 he grossed she got 8,000. He is not so intrested in a civil suit over this matter alone but tracking her behavior like this and other matters to assist him in establishing a pattern of things like this - hopefully family court can see through her manipulation. He feels if he knew theses were clear legal violations of some sort against him it would help his case. He just got this tonight so I told him I would throw it on here and see if anyone could define it. Is this slander or defamation or anything like that?


Hello,
I am extremely interested in signing my son up for one week of camp in July this summer, as soon as possible. I would not want to miss this opportunity, I printed the registration forms up online but they say for camp year 2007, can I still use these or do I need a new registration? Can you please give me the guidelines for the aide. I am a single Mother with an income of $24,417 a year. I am suppose to get Child Support but my ex has not paid in over 5 months. He has a current violation against him. Even if I am not eligible for aid, I really would like to sign my son up. Please let me know what I can do from here.
Thank you,

 

[quincy]

A few questions first:

Your husband is three months behind in child support? And the error in the email to the camp is that the ex-wife said he was five months behind?

Is there a violation of some sort against him for failure to pay the court-ordered amount of child support?

You said the ex-wife gets half his income as he gets paid, and she gets 2 checks a month, but you also said he is not working - so I assume if she is getting half of a zero income, she is getting nothing, right?

And, one final question: Is the amount she is quoting as her income accurate to your knowledge?

From the sounds of it, from what you have posted and without knowing more, this would not make for a successful defamation action.

 

[Silverplum]

For Pete's sake.

This is common as dirt in divorce/custody/CS cases. It's not "defamation."

IF he were current on his CS, he wouldn't have CAUSE to be embarrassed.

 

[Bird79]

Thanks Quincy, to answer your questions
yes, there error was that he was three months behind in total but she gets at least 1-2 checks a month so to say she has received nothing is a lie as well as being five months behind.
The court is aware of the issue as my husband tried to reduce the amount he owes based on the fact he is laid off from the union and isn't making the same money, he is working through a DBA for his own contracting but hasn't come close to the same income. he continues to pay dues so he is on the back to work list and has been applying and interviewing. When he gets jobs through his own business (as he has not been hired yet by others) he gives her half, he has a few bi-weekly gigs so she always gets half of that income. Anyway, the time she made the email, she filed a violation but it hadn't been heard in court. When it was heard in court, the judge told her he saw my husbands efforts and proof of trying to get better paying job and is not violating him as defying the order.

He is working as explained above, if he gets a contracting job for $500 he mails out $250 to child support collection unit, he is doing the best he can to keep up with the order and pay arrears.

Her income sounds right for the position she has she is a clerical staff, my husbands concern is that she is misrepresenting and lying about him to other people. This is one instance we have proof of her doing it, but she does this sort of thing a lot. This probably goes on in a lot of dysfunctional divorces, he is not looking to sue her. We would like to put a lot of court stuff behind us, but we would like to know if her lying to others knowing she is telling lies to others regarding factual things - not just her opinion, may it be considered slander or defemation?

 

[quincy]

The ex-wife's email seems to be close enough to the truth to not be considered defamatory - and it would be hard to prove reputational damage from what was said anyway.

Lies told between and about ex-spouses is almost expected. Very few people will believe that what is said by one ex-spouse about the other is the truth, the whole truth, and nothing but the truth. Even judges don't believe half of what they are told in divorce situations.

So, you can certainly continue to document the falsities, but do not expect them to result in any major action against the ex-wife, or even result in any court changes regarding custody or support issues.

 

[Bird79]

For Pete's sake.

This is common as dirt in divorce/custody/CS cases. It's not "defamation."

IF he were current on his CS, he wouldn't have CAUSE to be embarrassed.

Hey Sugar Plum Fairy-
No one said anything about him being embarrassed, life happens in between orders. He is doing nothing to be embarrassed about, I was asking a question.


Thanks for the advice Quincy

 

[quincy]

You're welcome, Bird. Good luck.