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  1. #1
    Join Date
    Feb 2013
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    Exclamation Ex-Spouse is Required to Pay Half of Student Loans, but Not Paying During Deferral

    My question involves a marriage in the state of: WA

    I have had to take my ex-husband to court already for not making payments on liabilities he agreed to pay per divorce decree. Now he is refusing to continue to make payments on my student loans that are part of the liabilities in our divorce, because he says they are in deferment, however, nothing in our decree states that he can stop payments because of deferment. Are there any case precedents that I may use in my upcoming court date? I do all of my court preparation pro se.

    Thank you!

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Ex-Spouse is Required to Pay Half of Student Loans, but Not Paying During Deferra

    Please quote the exact relevant language from your divorce judgment.

  3. #3
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    Feb 2013
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    Default Re: Ex-Spouse is Required to Pay Half of Student Loans, but Not Paying During Deferra

    Quote Quoting aaron
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    Please quote the exact relevant language from your divorce judgment.
    Section 3.4 Liabilities to be paid by the Husband

    The husband shall pay the community or separate liabilities set forth in Exhibit "B"

    Exhibit "B" has the name of my loans, my account number and the amount that was due when we originally filed.

  4. #4
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    Default Re: Ex-Spouse is Required to Pay Half of Student Loans, but Not Paying During Deferra

    From what you've posted, there's no obligation that he pay off the loan - only that he make payments. You sought and obtained a deferral, so no payments are due. It may well benefit him to continue to pay down the loan during the period of deferral, as interest is likely accruing, but nothing in what you wrote suggests that he has any obligation to pay off the obligations he assumed as opposed to making payments as they come due.

    Why did you defer your loan if your ex- was making the payments and you wanted him to continue to do so? Why haven't you simply asked your creditor to restore the loan to active repayment status, and informed your ex- that payments are again due?

  5. #5
    Join Date
    Feb 2013
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    3

    Default Re: Ex-Spouse is Required to Pay Half of Student Loans, but Not Paying During Deferra

    I didn't purposefully defer my loans, I am back in college, and I guess that they automatically go into deferment, but because he gets the notifications in the mail, I had no idea. And in order for them to restore it, I would have to call every month to have them send out a bill, which I what I guess I need to do. But nothing in our divorce decree states that if they go into deferment he can stop making payments.

  6. #6
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    Default Re: Ex-Spouse is Required to Pay Half of Student Loans, but Not Paying During Deferra

    Quote Quoting sparky72
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    I didn't purposefully defer my loans, I am back in college, and I guess that they automatically go into deferment, but because he gets the notifications in the mail, I had no idea. And in order for them to restore it, I would have to call every month to have them send out a bill, which I what I guess I need to do. But nothing in our divorce decree states that if they go into deferment he can stop making payments.
    Nothing in your divorce judgment says he has to pay bills that aren't due.

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