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Ex-Wife Refuses to Pay Student Loan

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  • 04-04-2011, 05:23 PM
    jason_w
    Ex-Wife Refuses to Pay Student Loan
    My ex-wife doesn't pay her Department of Education student loan that I co-signed with her. Per our divorce decree she is responsible for the loan. However, she hasn't made a payment in 8 years and since my credit rating gets dinged whenever a payment is overdue I keep putting the loan into forbearance. When I've contacted her regarding the loan she says she cannot pay at that moment. The accumulated interest is getting ridiculous and I'm worried about how much longer I can put off the loan before I get stuck paying the balance off myself.

    1. Is there any way I can remove myself from the loan?

    2. Do I have a legal means to pressure her to make payments?

    3. If I cannot proceed with 1 or 2 above and I have to start paying on the loan, what legal actions can I take against her?

    Thank you for your help.
  • 04-04-2011, 05:31 PM
    Dogmatique
    Re: Ex-Wife Refuses to Pay Student Loan
    Quote:

    Quoting jason_w
    View Post
    My ex-wife doesn't pay her Department of Education student loan that I co-signed with her. Per our divorce decree she is responsible for the loan. However, she hasn't made a payment in 8 years and since my credit rating gets dinged whenever a payment is overdue I keep putting the loan into forbearance. When I've contacted her regarding the loan she says she cannot pay at that moment. The accumulated interest is getting ridiculous and I'm worried about how much longer I can put off the loan before I get stuck paying the balance off myself.

    1. Is there any way I can remove myself from the loan?

    2. Do I have a legal means to pressure her to make payments?

    3. If I cannot proceed with 1 or 2 above and I have to start paying on the loan, what legal actions can I take against her?

    Thank you for your help.



    Unfortunately you're stuck with the responsibility.

    What you can do though is take her back to family court and ask that she is found in contempt and sanctioned. They can't force her to pay, really, but they can punish her for not paying.

    You may find that you have to pay on the loan and then sue her for reimbursement.

    The loan company doesn't care who is responsible - they just want their money. They're not party to the divorce decree, so they will keep bugging either or both signers for payment.
  • 04-04-2011, 06:57 PM
    jason_w
    Re: Ex-Wife Refuses to Pay Student Loan
    Thanks. I didn't think I could get out of the loan, but I thought I'd ask.

    If the court finds her in contempt what generally is the sanction? A financial penalty?

    Thank you.
  • 04-04-2011, 07:06 PM
    Dogmatique
    Re: Ex-Wife Refuses to Pay Student Loan
    Quote:

    Quoting jason_w
    View Post
    Thanks. I didn't think I could get out of the loan, but I thought I'd ask.

    If the court finds her in contempt what generally is the sanction? A financial penalty?

    Thank you.


    The first time, she'll likely be given a slap on the wrist and ordered to begin payments.

    Then if she keeps up with the non-payment, you'll have to take her back to court. Fines are the next step. Eventually she may actually face jail time.

    It's unfair to you, but unfortunately there's a strong chance that you're going to be stuck with the payments.
  • 04-04-2011, 07:29 PM
    jason_w
    Re: Ex-Wife Refuses to Pay Student Loan
    Unfortunately, that's probably the way it's going to go.

    Thank you.
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