Exwife not paying her loan

[tpamommy]

What is the name of your state? FL

My husband co-signed a studen loan for his ex when they were married. They divorced shortly after that. The divorce judgement specified she was responsible for paying it back, it included the dollar amount of the loan at that time. The loan is now deliquent and they are calling us to pay because he's the co-signer. We're not really sure what to do. Are we to send copies of the divorce papers to the Credit Bureaus and to the Loan creditor? Any advice would be appreciated.

TY!

 

[LdiJ]

What is the name of your state? FL

My husband co-signed a studen loan for his ex when they were married. They divorced shortly after that. The divorce judgement specified she was responsible for paying it back, it included the dollar amount of the loan at that time. The loan is now deliquent and they are calling us to pay because he's the co-signer. We're not really sure what to do. Are we to send copies of the divorce papers to the Credit Bureaus and to the Loan creditor? Any advice would be appreciated.

TY!

Your husband could certainly put a note on his credit report regarding this.....but unfortunately the creditors are not bound by the terms of the divorce decree. They are bound only by the terms of the loan contract. Therefore, they have every right to go after your husband for repayment.

He can also take his ex back to court for contempt, but that's not necessarily going to save his credit if she doesn't have the money to pay the loans.

 

[Ohiogal]

He is going to have pay on the loans AND take her to court for contempt. And sue for the amount he has paid towards the loans since the divorce.

 

[tpamommy]

Okay, I paid it, grudgingly. Would you all go back to my DH's original D attorney, or does it matter? I'm assuming it will need to be a D attorney?

TY!

 

[Ohiogal]

Okay, I paid it, grudgingly. Would you all go back to my DH's original D attorney, or does it matter? I'm assuming it will need to be a D attorney?

TY!

He could do it pro se if he wanted.

 

[Gracie3787]

Okay, I paid it, grudgingly. Would you all go back to my DH's original D attorney, or does it matter? I'm assuming it will need to be a D attorney?

TY!

He doesn't have to use an attorney since everything will be easy to prove. He can file a motion for civil contempt. The form can be found at www.flcourts.org. The form has several places that can be marked for what the party is asking the court to order. He should mark the one for reimbursment of payments made.