Stepchildren in college

[notsure101]

What is the name of your state (only U.S. law)? Illinois

My situation is this -
I have been married for 16 years and I have 2 stepchildren (21 & 19). The 21yr old is in college and loans were needed for her education so naturally I had to submit my financial information as well. The birth father for the most part has been absent (including child support) for the majority of the past 16 years (but is in the area and doing well) so I have been the main provider for the family. We also have 2 kids from our marriage.
My wife and I are currently separated and will probably be divorced within a month or so. My question is this - will I be responsible for the loan that was received (with my financial information) for my stepdaughters college after I am divorced? My wife has not been very cooperative with the majority of things so far so I'm worried she will do whatever she can to hold me responsible for her and her ex-husbands child's education when she and her ex should be financially responsible.What is the name of your state (only U.S. law)?

 

[Zigner]

Did you sign any documents agreeing to be responsible for the loans?

 

[notsure101]

I believe the loans are in my name but I have not signed any documents other than the loan papers at the time the loan was acquired. Unfortunately, all of the documents concerning the student loan are currently in her possession.

 

[ecmst12]

Were they parent loans or loans to the student herself?

 

[Zigner]

If the loans are in YOUR name, of course you're responsible for them. You knew that when you signed for the loans.

 

[LdiJ]

If the loans are in YOUR name, of course you're responsible for them. You knew that when you signed for the loans.

I agree, your contract with the loan company is not negated by your divorce. The loan company is not a party to your divorce.

 

[notsure101]

That's what I was a afraid of. Thanks

 

[mistoffolees]

I agree, your contract with the loan company is not negated by your divorce. The loan company is not a party to your divorce.

If the loans are in YOUR name, of course you're responsible for them. You knew that when you signed for the loans.

That is true. HOWEVER, OP can certainly ask the court to make the spouse responsible for paying them. That won't relieve him of responsibility to the bank, but if ex refuses to pay, OP can pay and then sue for contempt.

I don't know if a judge would order that, but I'd certainly ask for it.

 

[LdiJ]

That is true. HOWEVER, OP can certainly ask the court to make the spouse responsible for paying them. That won't relieve him of responsibility to the bank, but if ex refuses to pay, OP can pay and then sue for contempt.

I don't know if a judge would order that, but I'd certainly ask for it.

Actually, its the student who ought to pay them. However, if they are parental loans it doesn't work the same as traditional student loans. Also the student is not a party to the case, and therefore the judge cannot order the student to pay.

 

[notsure101]

That is true. HOWEVER, OP can certainly ask the court to make the spouse responsible for paying them. That won't relieve him of responsibility to the bank, but if ex refuses to pay, OP can pay and then sue for contempt.

I don't know if a judge would order that, but I'd certainly ask for it.

Thanks for the glimmer of hope Mistoffolees. We're trying for an uncontested no fault divorce but she's starting to get nasty with a few things. She agreed that I should not be financially liable for the stepchilds education but she seems to enjoy holding it over my head so of course I'm not feeling too good about it at this point. Thanks again.

 

[xylene]

Just because you signed for loans, does not mean you are responsible for their higher education. (You said one is 19)

You are responsible for debt you agreed to. Not to pay for college for your step children.

 

[notsure101]

Just because you signed for loans, does not mean you are responsible for their higher education. (You said one is 19)

You are responsible for debt you agreed to. Not to pay for college for your step children.

yes, that is my feeling as well. Yes, one is 19 and the other is 21 (junior in college). I need to get the documention from my wife so I know exactly what the circumstances are as my memory is not serving me well in regards to details of the loan. Thanks