What to do if my ex-wife is refusing to pay student loans that I co-signed with her on and our divorce decree states that she is responsible for them?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my ex-wife is refusing to pay student loans that I co-signed with her on and our divorce decree states that she is responsible for them?
There are 2 loans (Sallie Mae and Wells Fargo). I lost my home last year to foreclosure after I filed for bancruptcy so I’m not really worried about my credit anymore. She lives in one and I have moved to another. If I start paying them how do I get my money back? What kind of attorney can help me with this?
Asked on April 30, 2012 under Bankruptcy Law, Wisconsin
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The best way to try and resolve the issue of a court ordered loan payment with respect to your former wife's obligations as to them is try and see if she will voluntarily make the payments. If she still refuses to do so, I suggest that you file a petition with the court under the marital dissolution agreement and judgment seeking a finding that your former wife is in contempt of a court order where you seek that the court order her to make the payments immediately and stay current.
The problem that I see is that if you make the payments yourself on the loans that you co-signed, you will have a hard time getting your money back from her.
If you had a family law attorney representing you in your dissolution, it would be a good idea to consult with him or her about your current situation and seek assistance in the preparation of the recommended petition against your former wife.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. The agreement with your ex wife is a contract which you can sue on should you start to pay the loans. As you have realized, the loan companies are not bound by your agreement with your ex wife. They can come after you based upon your signature on the loans. You may be able to sue her on your own depending on the amount of the loans and how much you are paying (is it more than small claims?). But any good attorney that does collection or contract work can help you. Or even your divorce lawyer. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.