Father refusing to pay college education costs as settled per divorce agreement

[rtr-marriage]

Hi - hopefully someone has some advice as to best approach here for a tricky situation:

Background:
-Divorced a few years ago.
-Non-custodial father agreed to pay college costs (all college costs) for all biological children in the family as part of the divorce, explicitly included in the executed divorce agreement
-Family has not retained much, if any, of a relationship with the father (who has problems, but manages to make a decent / good living, ie his ability to pay is there - he is not bankrupt etc.)

Student loans are now coming due for one child who is in early 20's, and unfortunately, this father is refusing to pay the student loans (which of course are tied to the graduate's social security #). The amount of the loans is not insignificant. Also another child is in college and father is not paying, unfortunately. The risk of completely ruining the graduate's credit for years is very real due to the high dollar amount of the loans, which were taken out largely because father would not pay for college during college.

Might anyone be able to advice on some good options for recourse here? In other words, legally-speaking, how can the father be held accountable for paying these student loans for the graduate's college education? We're sort of at a loss of what to do / how to approach.

Thanks in advance.
RTR-Marraige

 

[Silverplum]

US law only.

Hi - hopefully someone has some advice as to best approach here for a tricky situation:

Background:
-Divorced a few years ago.
-Non-custodial father agreed to pay college costs (all college costs) for all biological children in the family as part of the divorce, explicitly included in the executed divorce agreement
-Family has not retained much, if any, of a relationship with the father (who has problems, but manages to make a decent / good living, ie his ability to pay is there - he is not bankrupt etc.)

Student loans are now coming due for one child who is in early 20's, and unfortunately, this father is refusing to pay the student loans (which of course are tied to the graduate's social security #). The amount of the loans is not insignificant. Also another child is in college and father is not paying, unfortunately. The risk of completely ruining the graduate's credit for years is very real due to the high dollar amount of the loans, which were taken out largely because father would not pay for college during college.

Might anyone be able to advice on some good options for recourse here? In other words, legally-speaking, how can the father be held accountable for paying these student loans for the graduate's college education? We're sort of at a loss of what to do / how to approach.

Thanks in advance.
RTR-Marraige

 

[rtr-marriage]

Clarification

Not sure what you mean by US Law only -- this is in the United States. Sorry, new here.

 

[ecmst12]

You failed to provide your state.

 

[cbg]

We ask for your state for a reason. State law varies and without knowing where you are, we cannot provide accurate information.

And you wouldn't be the first person, by a long shot, who ignored the question about your state because they were outside the US.

 

[rtr-marriage]

New Jersey (N/M)

Thanks - sorry for the omission.

 

[ecmst12]

You probably should have filed for contempt the first time he refused to pay a bill.

 

[LdiJ]

Hi - hopefully someone has some advice as to best approach here for a tricky situation:

Background:
-Divorced a few years ago.
-Non-custodial father agreed to pay college costs (all college costs) for all biological children in the family as part of the divorce, explicitly included in the executed divorce agreement
-Family has not retained much, if any, of a relationship with the father (who has problems, but manages to make a decent / good living, ie his ability to pay is there - he is not bankrupt etc.)

Student loans are now coming due for one child who is in early 20's, and unfortunately, this father is refusing to pay the student loans (which of course are tied to the graduate's social security #). The amount of the loans is not insignificant. Also another child is in college and father is not paying, unfortunately. The risk of completely ruining the graduate's credit for years is very real due to the high dollar amount of the loans, which were taken out largely because father would not pay for college during college.

Might anyone be able to advice on some good options for recourse here? In other words, legally-speaking, how can the father be held accountable for paying these student loans for the graduate's college education? We're sort of at a loss of what to do / how to approach.

Thanks in advance.
RTR-Marraige

This is a particularly difficult issue...and personal opinion gets in the way of legalities a lot on forums like these. So many people feel that parents shouldn't be required to pay for college that it colors their legal responses.

Someone else said that the first time dad refused to pay you should have hauled him into court for contempt, and that was accurate advice. By letting it go on the way that it has there are now student loans tied to the child's SSNs and if they don't pay those loans their credit will be seriously effected. You can certainly try to take dad to court for contempt now, but even if you get a judgment, if he is determined NOT to pay it can be very difficult to collect on the judgment, and the situation will still remain that if the students don't make the loan payments their credit will be trashed.

If you are sure that dad has the means to pay then by all means attempt to have him held in contempt of court, but don't count on being able to collect on the judgment.

 

[Silverplum]

This is a particularly difficult issue...and personal opinion gets in the way of legalities a lot on forums like these. So many people feel that parents shouldn't be required to pay for college that it colors their legal responses.

I did not see that.

Isn't your comment better saved for once the personal opinion DOES affect the advice? IF it does?

 

[rtr-marriage]

Thanks - follow up question

Really appreciate the responses.

Of course, this should have been dealt with swiftly a few years ago but many extinuating circumstances as to why that did not happen.

One follow up question: Is there any legal process/precedent or success with "loan assumption" in similar cases -- i.e. the graduate's student loans are somehow assumed by the father (potentially against his will)? Financially, the student loan companies indicated that it is not possible to "transfer" a student loan to another party after the face, but I was not sure if there is any legal way to accomplish that same thing.

Thanks again - very helpful - this is a difficult situation.

 

[single317dad]

The only way a loan can be "assumed" by another person is if the creditor voluntarily agrees to it. The creditor would not be bound to any agreement between the parties, nor any court order, because the creditor is not a party to the court proceedings. Having a judgment of contempt against the father in the amount owed is probably the best you're going to get.

 

[OHRoadwarrior]

As soon as you said graduate student, you lost the ability to collect a portion regardless. Courts that have upheld college orders have only done so through a bachelors program.

 

[rtr-marriage]

clarification

Sorry - not a graduate student, my mistake -- he's a college graduate, and is no longer in school. (as opposed to the sibling, who is currently enrolled in college). All matters referenced here are undergraduate education.

 

[LdiJ]

As soon as you said graduate student, you lost the ability to collect a portion regardless. Courts that have upheld college orders have only done so through a bachelors program.

Not in all states OHR...but that is not relevant in this thread anyway.

 

[tuffbrk]

Just a comment on this topic as it relates to NJ - if the student has not maintained a relationship with the non-residential parent and if that parent was not included in the decision as to which school the student was attending, the non-residential parent may not be held financially responsible regardless of the original court orders. Non-residential parent's claims of custodial interference are being given more attention and assigned greater importance in NJ these days.

As the residential parent did not address the issue in court, at the time at which it first occurred, and instead simply forged ahead for the full 4 years without any agreement from the non-residential parent, racking up student loans - the courts may simply view that action as another act of complete disregard of the non-residential parent and proof of the alienation and lack of relationship. Also, if the courts cite contempt, the courts may order the non-residential parent to merely send minimal payments to the residential parent AFTER there are NO children left on the CS order. We have seen this happen on multiple occasions in Middlesex, Bergen and Ocean Counties.

I, for one, am glad of the harder stance being taken by the courts on this issue. Too many residential parents create alienation issues treating non-residential parents as nothing more than walking ATM's.