Oregon City, OR asked in Divorce for Oregon

Q: My divorce decree states the respondent owes a pre-judgement child support and equalizing judgement. He will not pay.

The respondent had up to 30 days after he received my PERS cash out, as per the decree to settle amounts due to me. He claims he will not do so, putting himself in contempt of the law, unless I agree to sign a promissory note that pays off his student loan.

As per the decree, I was to take my portion (the full amount of all my loans, even though they were years ago, and some have been paid off) and put the amount into my own student loans. However, the lender will not allow this transaction. I have been paying to the loan monthly as I would if it were my own since finding out the dilemma.

The respondent refuses to settle his debt according to the decree until I sign a promissory note that states I owe HIM the loan amount, and that I am to pay a ridiculous amount monthly to him that includes interest which will pay off his student loan in 10 years with the forgiveness program.

Can he withhold the debt until I agree to something that is not even fair? How do I report this?

Related Topics:
1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: I really can't follow what you are talking about here and I doubt other attorneys will understand it either. You really need to make an appointment to go to an attorney's office and sit down with all the paperwork and explain what you were trying to do with your divorce settlement agreement. It is no uncommon for people who try to do their divorce without legal representation to agree to terms that can't be accomplished because the agreement relies on strategies involving other business entities and the parties don't fully understand what these other business entities will or won't do. Another trap is not fully analyzing the tax consequences of a settlement strategy.

So first go and talk to an attorney. If your divorce was recent it might be possible to set aside the divorce and fix the judgment to something equivalent but more workable. You absolutely do not want to sign any document that puts you as being liable for his student loan debt and no court would ever order you to do that. You can also call support enforcement and have them start an action to collect your child support at no cost to you. But I wouldn't do that before speaking to an attorney about the overall issues with your judgment. Also I don't understand why you gave your ex money from your PERS and now he has to pay it back to you. That doesn't make any sense. Finally, and a bit off the subject, if either of you have student loans that you have trouble paying you should apply for the program that consolidates your loans and allows you to make a payment based on your income. This can reduce the required payment to something more manageable but itnerest will continue to accrue so it slows down the repayment of the loan.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.