Legal Question in Civil Litigation in Iowa

I am on my second marriage and my current wife cosigned for her daughter on student loans for cosmitology school without my knowlage just after we were married.Her daughter went thru school and finished late, a long story, she tried to pass the boards and flunked 2 or 3 times she is not using the education. it has been 5 years now and no payments on the student loans, they came after me for one loan and I had to pay 7000 on it. there is another direct loan out there in my wifes name and there is 13000 and change owed on it. they keep defering it the original loan was 9000 now 4000 interest on top.

Number one can they actually come after me , that was the story i got on the first loan so i paid it.

What actions can I take agaisnt my step daughter, no one wants to talk about it.


Asked on 12/21/10, 4:13 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

A cosigner is liable on the note-however, since you were not party to the note you would be not liable except for Iowa Code section 597.14 which states that you are likely liable.

You might be able to go after your spouse's daughter but in all likelihood if she defaulted on her student loans she'll likely not pay you either.

597.14 FAMILY EXPENSES.

The reasonable and necessary expenses of the family and the

education of the children are chargeable upon the property of both

husband and wife, or either of them, and in relation thereto they may

be sued jointly or separately.

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Answered on 12/27/10, 11:59 am


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