New Orleans, LA asked in Divorce for Louisiana

Q: Per my divorce agreement (Connecticut 2015), I was assigned a loan debt that is in my ex-husband's name.

On his affidavit, my ex disclosed a "joint US government student loan" of approx. $58,000 payable at approx. $300 month. In division of debt, I agreed to pay this as I could afford the monthly payment and because I knew a government loan could be deferred if I was unemployed. After divorce was final, I found out that, without my knowledge or consent and in violation of automatic court orders, he had refinanced the loan a month earlier to a private variable rate loan in his own name. No longer a gov’t loan, the monthly payment was higher and kept increasing until within a year it was up to approx. $1400 a month. I agreed to the loan disclosed on affidavit, not the one he had taken out a month earlier and not disclosed. The newer loan isn’t in my name so I can't make changes or negotiate anything. He refused help. I paid the loan until the monthly payments were more than I could afford. It's went to collection in Jan 2019. Can't afford this. Anything I can do?

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1 Lawyer Answer
Ellen Cronin Badeaux
Ellen Cronin Badeaux
Answered
  • Covington, LA
  • Licensed in Louisiana

A: Your divorce lawyer can take the partition back to court.

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