Student, no assets, lots of debt, and a child

[libre]

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

I am a student with >$150,000 school loan debt, and am currently 100% supported on school loans.
If we divorce, will my wife be able to demand any of my loan money? Will she be responsible for any of the debt?

She currently has no job, has fairly severe depression and anxiety and has on a regular basis hit/scratched/kicked me. With this in mind, even though I am in school (50-60 hour/week commitment) is there a chance of me gaining custody of my son and using school loans to provide a nanny for him?

 

[I'mTheFather]

Do you provide most of the care for your child? I'm guessing no.

 

[Nevergrowup]

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

I am a student with >$150,000 school loan debt, and am currently 100% supported on school loans.
If we divorce, will my wife be able to demand any of my loan money? Will she be responsible for any of the debt?

She currently has no job, has fairly severe depression and anxiety and has on a regular basis hit/scratched/kicked me. With this in mind, even though I am in school (50-60 hour/week commitment) is there a chance of me gaining custody of my son and using school loans to provide a nanny for him?

Goodness that is a lot of student loans. Are you almost finished? You ask can she demand any of the loan money. She can demand whatever she wants, doesn't mean she'll get it. Will you be living off loans for much longer? If you divorce, she can ask for child support, and since school is a choice, you'll be assigned a wage (could be minimum wage, could be more). You'll have to pay it somehow, if you are ordered to pay. As far as the debt, the debt is yours, not hers. I'm sure you don't want to share your doctor's income when you make it, why should she be responsible for paying for your career?

How long have you been married? How old is your son? Does she have postpartum? And a judge isn't going to choose a nanny over mom, you should get that out of your head. Primary custody is HIGHLY unlikely in your situation.

 

[mistoffolees]

Goodness that is a lot of student loans. Are you almost finished? You ask can she demand any of the loan money. She can demand whatever she wants, doesn't mean she'll get it. Will you be living off loans for much longer? If you divorce, she can ask for child support, and since school is a choice, you'll be assigned a wage (could be minimum wage, could be more). You'll have to pay it somehow, if you are ordered to pay. As far as the debt, the debt is yours, not hers. I'm sure you don't want to share your doctor's income when you make it, why should she be responsible for paying for your career?

How long have you been married? How old is your son? Does she have postpartum? And a judge isn't going to choose a nanny over mom, you should get that out of your head. Primary custody is HIGHLY unlikely in your situation.

Probably, but the decision will ultimately come down to best interests of the child. If Mom's depression and anxiety interferes with her ability to care for the child, then the best interests determination could go the other way. There's just no way to tell based on what we've been told. The factors considered in determining that are listed here:
Ohio Divorce Child Custody, Visitation, & Modification Information

Of course, if Mom has been the primary caretaker and is not unfit (legally), then chances are that she will end up with primary physical custody.

But I hope OP answers the questions that were asked.

 

[ecmst12]

I am thinking that whatever child support you would be ordered to pay would STILL be less than the cost of a nanny. And the court would not be amused by you wanting to take custody away from mom just so you can give the child to a nanny for 60 hours a week.

 

[Antigone*]

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

I am a student with >$150,000 school loan debt, and am currently 100% supported on school loans.
If we divorce, will my wife be able to demand any of my loan money? Will she be responsible for any of the debt?

She currently has no job, has fairly severe depression and anxiety and has on a regular basis hit/scratched/kicked me. With this in mind, even though I am in school (50-60 hour/week commitment) is there a chance of me gaining custody of my son and using school loans to provide a nanny for him?

~ Those are for me.

~ those are for Proserpina

So, please tell me OP how do you intend to commit to school 50-60 hours a week and take care of your child?

 

[mistoffolees]

So, please tell me OP how do you intend to commit to school 50-60 hours a week and take care of your child?

Isn't it obvious?
The Nanny - TV.com

 

[Antigone*]

Isn't it obvious?
The Nanny - TV.com

LOL ~ I'd say child with mom is a much better option

 

[Ohiogal]

Goodness that is a lot of student loans. Are you almost finished? You ask can she demand any of the loan money. She can demand whatever she wants, doesn't mean she'll get it. Will you be living off loans for much longer? If you divorce, she can ask for child support, and since school is a choice, you'll be assigned a wage (could be minimum wage, could be more). You'll have to pay it somehow, if you are ordered to pay. As far as the debt, the debt is yours, not hers. I'm sure you don't want to share your doctor's income when you make it, why should she be responsible for paying for your career?

How long have you been married? How old is your son? Does she have postpartum? And a judge isn't going to choose a nanny over mom, you should get that out of your head. Primary custody is HIGHLY unlikely in your situation.

The bolded is NOT entirely correct. Any student loan debt used for living expenses is considered MARITAL obligation because the wife benefited from it. However that may call into play future alimony.

 

[LdiJ]

The bolded is NOT entirely correct. Any student loan debt used for living expenses is considered MARITAL obligation because the wife benefited from it. However that may call into play future alimony.

I suspect that he is better off not risking calling that into play.

 

[Ohiogal]

I suspect that he is better off not risking calling that into play.

Very likely but it is possible that she could be made to pay half of that portion of the debt. It is not just his debt. And alimony is a possibility but not a guarantee.

 

[mistoffolees]

Very likely but it is possible that she could be made to pay half of that portion of the debt. It is not just his debt. And alimony is a possibility but not a guarantee.

Especially since we don't know little details like how long they were married or whether she had a high income and then quit voluntarily.

 

[Ohiogal]

Especially since we don't know little details like how long they were married or whether she had a high income and then quit voluntarily.

Yep. True. (10 character limit)

 

[LdiJ]

Very likely but it is possible that she could be made to pay half of that portion of the debt. It is not just his debt. And alimony is a possibility but not a guarantee.

I agree that its possible she could be made to pay half of that portion, since we do know that some of it was used for living expenses. However, in the end its a long term loan, they don't have any other assets to divide, (so nothing to take her share out of) and the loan is going to be in his name. Collecting could be extremely difficult if a judge did order her to pay a share.