Legal Question in Family Law in California

Divorce and student loans

I co-signed on my ex-wifes student loans when we were married. Once the divorced was finalized the MSA states that all her student loans would be her responsibility 100%. Ive been paying her alimony for the last 15 months with only 3 months left to go and now she is telling me that shes might get a job with the feds and they may allow her to consolidate all her loans. She is asking me to co-sign on the consolidation. I want to tell her no. If she does not consolidate and then the loan company comes after me can I take her to court with the MSA since it clearly states I am not responsible? Or should I co-sign on the new loan and then if she doesnt pay I have nothing to back me up since it is after the MSA was signed?


Asked on 6/05/09, 4:27 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce and student loans

I don't understand why, if she is employed with the feds, she needs you to co-sign to consolidate. If you chose to do that you can prepare an amendment to the judgment stating that she would be responsible for the consolidated loan. Good Luck, Pat McCrary

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Answered on 6/05/09, 9:32 pm


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