Long story short Im told that some one is suing me for slander. All I said was that I didn't put anything past this man or the family when it comes to doing sick and twisted sh$t to a child because he's been accused of it before. I never said he was convicted but I said it's probably because there's not enough proof. Can he sue me? And he doesn't work he collects disability so would me saying this have to hurt him financially in order for him to sue?

If you really said that, yes of course, you accused him of "things with a child" of course he can sue you. And not that it would cost him much, most likely find an attorney to do it for a percentage, so it most likely will not cost him anything.

But just have to wait and see if you get served

I didn't say he did do any thing. Just basically that he's creepy and if he did do something that it wouldn't surprise me.

Chuck, I think the OP is referring to loss of income when she stated that her statements didn't cost him anything. She's going by the pretense that someone can only sue for slander if the lies told affect them financially.

I didnt say he did do any thing. Just basicly that hes creepy and if he did do some thing that it wouldnt surprise me.

Actually, based on your original post, you said a lot more than that;

"I didnt put anything past this man or the family when it comes to doing sick and twisted sh$t to a child because hes been accused of it before. I never said he was convicted but I said it's probably because theres not enough proof. "

You accused him of being a child molester. Now, if he is, then your comment isn't slanderous. But, if he's never been convicted, then your comment is very slanderous, and yes, he can sue. Will he win? Don't know. That's up to the courts.

Maybe I should be more detailed. He had charges against him many yrs ago. His own daughter roughly explain to me his granddaughters where taking out of the home that some one was molesting them but he and the girls father were suspects but they couldn't say who did it. Then his daughter also filed charges that he did the same to her but when they went to court it was some what dropped because of a time lapse and not enough proof.. This is from what I hear.. There's more to it but ill be here all night if I type it all out. Questions were raised about another child in the family and that's when I said it wouldn't surprise me.

I get what your saying. I didn't exactly say it in either term. Let me check really quick and I will get the exact wording.

Here's the problem, and sorry, but I seem to have lost all my quoting options, so I'll have to do this old school. In fact, I can't even change the colors or anything in order to clearly show what I'm quoting, and what I'm writing. :(

"He had charges agaisnt him many yrs ago. "

Yes, but there is a premise of innocent until proven guilty. He wasn't convicted, therefore he's presumed to be innocent of those charges.

"Then his daughter also filed charges that he did the same to her but when they went to court it was some what dropped because of a time lapse and not enough proof."

Again, he wasn't convicted.

"This is from what I hear."

Hearsay. Just because you heard it, doesn't mean it's true. I heard that Elvis is still alive, his death was faked. See what I mean? Unless you have proof that this man is a child molester, going around stating that he is, isn't okay. It is slandering his reputation, especially since he went to court, and he was cleared of those charges.

He may well be what you say, but you can't prove it. You have hearsay, you have charges for which he was exonerated. You're accusing a man that has been found innocent. That is slanderous.

I'm sorry, I wish I could back you up on this, but really, I can't. He has the right to sue. Heck, anyone can sue. Again, will he win, well, it's likely. You did make slanderous comments. I hope it doesn't get that far, and please, don't say anything further about him, or your suspicions. Talk to a lawyer.

I'm not one, nor am I a legal expert, but this is pretty much a no brainer. Keep your thoughts to yourself, and get professional help.

I wish you the best of luck.

I put I didn't understanf if he wasn't in trouble for such things then why is it that none of the children (tjere are more than the ones I have spoke about) aloud in the home. This was an argument between I and his family member. The person went on to say things about my family and I said no one in my family has been accused of these types of things at least. I just basically want to know where I stand if what I said was wrong then I will deal with it. Thank you for your info.

If you had only said, his daughter told you this, but you said that you would not trust him and that he did ( child molest) So yes I see a good law suit, that is why I said he most likely can get a lawyer to do it for percentage.

Im still waiting to see if he even will. I didn't think putting it in them terms meant I was accusing him it was just my opinion that he comea off as a creep and with prior accusations

Im still waiting to see if he even will. I didn't think putting it in them terms meant I was accusing him it was just my opinion that he comea off as a creep and with prior accusations that it throws a red flag for me. Thank you for the info though I will keep that in mind. One person said because ita he said she said that there iant any hard prorf and then another said in order for him to sue me that he would have to proof damages financially that's why I asked.

They know where I heard it from because I did tell them. Its long and drugged out and don't want to have to repeat word for word. But I will take the advice and call a lawyer. They also said crazy bad things against me so I have a feeling it will be both of us introuble or nothing. Now I know why people say if you have nothing nice to say don't say any thing at all.. lol.. Thanks! :)

Tysongrl, I highly recommend that you seek the advice of a lawyer, and I highly recommend that you stop telling this story to anyone else. No more explaining what was said, what you said, what he said, what you think he did, none of it. You're only making matters worse. Just stop talking about the incident until your lawyer says it's okay.

If he's suing then continuing to slander him by repeating what you said, isn't a good idea. The courts won't care why you said it, only that you can prove that you're right, and sadly even you yourself have stated that it was your opinion, not something based on fact, just hearsay and presumption. That's why this is a problem, and that's also why you really need to stop repeating it. Okay?

Good luck.

Im still waiting to see if he even will.Hello T:

Ain't no way a man with NO money is going to sue anybody..

excon

Hello T:

Ain't no way a man with NO money is gonna sue anybody..

excon

I hate to disagree Exy. Many lawyers, at least where I live, will take on a case if they think they'll win, and then take a percentage.

When I had my car accident I hired a lawyer. He took the case, charged nothing upfront, and when we won, he took 40%.

If a lawyer believes this man has a case, it's very likely they'll take the case and charge only if he wins.

Bottom line here is you keep your mouth shut and wait until you are served. If and when you get a summons, then you get a lawyer.

What you have told us you said is actionable but it is iffy. You expressed an opinion based on facts you were aware of. What a judge or jury will rule could go either way.

... You're accusing a man that has been found innocent. That is slanderous. ...

Not necessarily. Just because he was found not guilty, doesn' t mean he didn't do it. In a criminal trial, a defendant is not determined to be innocent; rather a not guilty verdict means that the defendant wasn't proven to be guilty. There is a big difference. So, if OP is able to prove in court, by a preponderence of evidence, that he actually did do it, OP would prevail.

The allegations seems to be, if untrue, slander per se. Thus proof of actual monetary loss is not necessary.

Ok thanks every one for the info...

I believe my ex has been claiming our child with out my consent... I have primary residence and primary physical custody.. The child does not live with him in any way.. Would this be considered fraud? I don't work so I'm a stay at home mom... The child is with me 24/7 not him... If it is fraud how do I go about putting an end to this??

I believe my ex has been claiming our child with out my consent... I have primary residence and primary physical custody.. The child does not live with him in any way.. Would this be considered fraud? I dont work so I'm a stay at home mom... The child is with me 24/7 not him... If it is fraud how do I go about putting an end to this???


If you both claimed the child on your tax returns IRS will contact you, you won't need to contact them.

If you filed, got a refund, weren't questioned, then you both didn't claim him.

It's the party the child lives with more than 50% of the time who qualifies -

Is the tax exemption addressed in your support Order?

[QUOTE=Alty;3206014]Yes, but there is a premise of innocent until proven guilty. He wasn't convicted, therefore he's presumed to be innocent of those charges.. . Again, he wasn't convicted.. . It is slandering his reputation, especially since he went to court, and he was cleared of those charges.. . You're accusing a man that has been found innocent."


Was he found innocent, not guilty or something else?

My question? I realize there's a problem with who gets to claim a child for IRS purposes. Is this the father of that child and not a stranger to the OP - or semi stranger?

I would be interested in the background of this matter. Is this part of a dispute about a child, perhaps a flippant remarks, perhaps something intended to hurt the father?

Would an Attorney in my area take this? You bet. Would I be asked to do the investigation? Yes, I hope so.

I've seen people accuse each other of terrible things in the name of "I'm right and you're wrong... " but child abuse? Got to think OP didn't just blurt this out.

Would an Attorney in my area take this? You bet. Would I be asked to do the investigation? Yes, I hope so.Hello Judy:

Would he take it on a contingency? Nahhh.

excon

I don't file cause I don't work. There's nothing in the court papers about it. He doesn't even have a set visitation it basically says he's able to have visitation but doesn't state exactly when or how much.. Which to be honest he doesn't come around all too often..

I dnt file cause I dnt work. Theres nothing in the court papers about it. He dosnt even have a set visitation it basicly says hes able to have visitation but dosnt state exactly when or how much.. Which to be honest he dosnt come around all too often..


If you don't file a tax return why do you care if he claims her?

The support order has nothing in it saying he has right to it..

The support order has nothing in it saying he has right to it..


Let me ask again - if you aren't claiming the child, why do you care? Whether he does or doesn't makes no difference to you.

Is this the same person you accused of child abuse, the man who is planning to sue you?

What's the point of paying child support if he gets it all back in taxes.. Basically he's a prick and flaunts hia things but doesn't even buy his child any thing or spend the time with the child as he should. Why should he benefit from it?

No it's the same person..

Hello Judy:

Would he take it on a contingency?? Nahhh.

excon


I don't know - I just read that the OP doesn't file a tax return because she has no income (?) so if the man she accused wins... he loses.

So I'll change my answer to "no Attorney in his right mind will take this case."

That rules out 50% of the Attorneys in my area.

And I don't work for free -

EDIT: OP does not file a tax return but is upset that this same man is claiming the child on HIS tax return. This is a lot of sour grapes. https://www.askmehelpdesk.com/mobile-uncategorized/irs-related-686234.html Too bad she has nothing he can lien.

ANOTHER EDIT: OP has now changed her answer - this is NOT the same person.

Pass the aspirin.

Not the same person*

Im not looking to punish him or start a war I just want to put a end to his freebees..

Im not looking to punish him or start a war I just want to put a end to his freebees..


Why? It's not hurting you. Other than revenge, what's the point?

You are starting to sound like a mean, shallow person. https://www.askmehelpdesk.com/other-law/being-sued-slander-685866.html

Im typing from my phone it was a mistype. The man with the lawsuit is my exs father. I looked into the tax thing and t hen they said they were going to sue for slander so it s the o there way around. There is much more to the story that would clear me more than them.

You have it twisted I asked him to stop claiming if he wasn't going to take care of the child. I didn't mean to accuse any one of any thing I didn't word my opinions correctl y and it may have cost me which is fine but the tax thing came first and they retaliated with the lawsuit..

There is more to the story.. The child came home and was in obvious neglect. I immediately notified the people that needed to be. The tax thing happened well before this. There was an argument. Serveral Weeks later after I notified domestics of the tax thing and they got wind of it they stated they were going to sue me for slander.

There is more to the story.. The child came home and was in obvious neglect. I immediately notified the people that needed to be. The tax thing happened well before this. There was an argument. serveral Weeks later after I notified domestics of the tax thing and they got wind of it they stated they were going to sue me for slander.


Then post all of the details in the same place - you don't file a tax return BUT you don't want anyone else to claim the child.

If you had anything, yes, you would be sued, but apparently you don't.

I'd leave the whole situation alone.

At what point did you accuse him of child abuse?

The tax thing was months ago. Then the other happened wiyh the child. I didn't exactly accuse him I asked what the deal was with it. It was criminal court and he wasn't proven guilty nor innocent.. I ask if there was a doubt in his mind if his father could be guilty.. He had a discussion which lead to an argument.. He accused my family of things and I in less words said I didn't put any thing past his with their prior records. A few Weeks later he got the papers from domestics.. A week later I find out I am being sued for slander. I didn't want to have to unravel the entire thing but I can see where it would be confusing not to. Honestl why Idc if I did slander because they did the same to me regardless its no t fair to me or my child to claim if the only one benefiting is low lifes. They have asked for the ssn of the child to receive «free xmas presents» which is outrageous when its not needed. I may not work but I am by no means poor. I come from a good family and the father would get his money if he wins which I don't care so be it. I know now not to let it happen again. I may be young and I didn't know what I said would cause so mich trouble but it is what it is and I understand there is a punishment for wrong doing. But now Im paying for punishments and yet again they may get off free.. I hope that helps clarify things.

My biggest question was how to stop him claiming. Why should he basically get kick backs from the state? I did the math he would get back more than what he pays in support. He has a child but no worries about raising or supporting. If the case is why should I care then why shouldn't every man whom have had children and walked away do the same? It may beout of anger but if he didn't act the way he did then I wouldn't have a problem. If he did right by the child and made sure the child always comes first and used the extra money to benefit the child then I wouldn't care. I don't want the money. But he could have started an account for college for the child instead of bragging that he bought things for himself and others. Maybe you're right and I should leave the whole matter alone. I guess I have some thinking to do. Thank you for you're point of veiw.

The tax thing was months ago. Then the other happened wiyh the child. I didnt exactly accuse him I asked what the deal was with it. It was criminal court and he wasnt proven guilty nor innocent.. I ask if there was a doubt in his mind if his father could be guilty.. He had a discussion which lead to an argument.. He accused my family of things and I in less words said I didnt put any thing past his with their prior records. A few Weeks later he got the papers from domestics.. A week later I find out I am being sued for slander. I didnt want to have to unravel the entire thing but I can see where it would be confusing not to. Honestl y Idc if I did slander because they did the same to me regardless its no t fair to me or my child to claim if the only one benefiting is low lifes. They have asked for the ssn of the child to receive «free xmas presents» which is outrageous when its not needed. I may not work but I am by no means poor. I come from a good family and the father would get his money if he wins which I dnt care so be it. I know now not to let it happen again. I may be young and I didnt know what I said would cause so mich trouble but it is what it is and I understand there is a punishment for wrong doing. But now Im paying for punishments and yet again they may get off free.. I hope that helps clarify things.


Honestly, right to the point - if you come from a good family (and the father could/would collect money if he got a judgment against you, which makes no sense and, in fact, cannot happen legally) then I would suggest that you take some of your good family's money and continue your education.

You can barely explain yourself, your spelling and punctuation are atrocious and some day you will have to support your child.

If the father's family doesn't have money and the only way they can get Christmas presents for him is through some charitable group which requires the child's SS number, why does that matter? They obviously care if the child has presents, and they don't have the funds to provide them.

You had sex with this man. Now you criticize his family as "these people." I never understand that. You had sex with him, he and his family were good people, you got pregnant and they changed?

I have no idea what "domestics" is or, for that matter, what Country you are in. I was guessing the US because of the tax question - but I am not familiar with the phrase "domestics."

If you don't care if you slandered them why did you post the question and why are you still "here," explaining yourself?

I was curious. I have money and I personally own things on my own. Its not like I have never worked. Please don't take what I say the wrong way I completely understand you're point of view and me being less educated than you really isn't the question here. I may have used short hand terms. Domestics. Domestic Relationstions. Im on a cell phone and some times it writes what it wants. Maybe I have come to the wrong place for another point of view or maybe I didn't. I didn't know the family before hand only knew t he man. I used contraception to avoid pregnancy but it failed and Im mot one for abortion but that's my opinion. And you're right I don't need to explain myslef so I guess I will stop. I did get some good points of views, advice and warnings from this site but I didn't expect it to be a battle of views on here. But the family has means of money they are also not by any means poor. I will just leave it at that and walk away. Im sorry to have taken up you're time and confuse or not make sense to you. Again thank you for you're point and I will keep what you have said in mind.