Midlothian, VA asked in Consumer Law, Small Claims, Bankruptcy and Divorce for Florida

Q: My ex-husband is demanding I pay for a loan he got and I am not even on the loan.

My ex-husband cosigned a loan (sallie mae) for our daughter (who is a student and has mental health issues ). She is 23, is still studying (changed programs and college) and now they are getting billed $48,000 and he wants me to pay for it in its entirety since I was awarded our stocks as part of our divorce agreement ( which those funds were intended for our kids education). My daughter is loosing her hair due to the stress that this has causes, being that she does not work full time and I just feel like getting the money out and paying it. It's not fair though that I pay for all of it. I remember that when he took out this loan he wanted me to cosign and I said no, because she should of stayed closer and gone to a community college first ( she was also having mental health issues at the moment), but he didn't care and went ahead and did it anyway. Now, he expects me to pay for it all. What do I do?

4 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Hollywood, FL
  • Licensed in Florida

A: This answer is based on the law in Florida. You have no legal obligation to pay the loan. What you are describing is a moral dilemma because you are a parent that cares about your child.

Good luck.

A: If your daughter is still in school she can get a deferment. She just needs to contact the loan servicer, request the deferment and provide the information regarding her new school. Once she is out of school she should request an income-driven repayment plan so that payments are reduced at first and increase as her income increases.

You are not liable for any debts you did not sign for in Florida. It is not a community property state. You are the one who has to decide if it is more important to help you daughter or to stand firm against your ex-husband.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Don’t pay anything until or unless you are ordered to.

Michael Ferrin
Michael Ferrin
Answered
  • Bankruptcy Lawyer
  • Orlando, FL
  • Licensed in Florida

A: If the loan was taken out by your former husband in his sole name after your divorce was finalized, you do not have any legal obligation to contribute to that 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.