Legal Question in Family Law in Massachusetts
co-sign student loan
i have been divorced 6 years. Since then I never ask him for anything. Prior to divorce my husband and I co signed for a student loan for my daughter. She was not yet emancipated when we signed the loans. There was so much going on I didn't think of it during divorce. Now it is in repayment and i tried to get my ex to help but he won't because he knows I need to pay to avoid a lien on my home. What do I do I am barely making it. My daughter can't pay now because she has a mental disability and can't work right now. We have done as many deferments and forbearances as possible. My ex makes 3 times my salary with all his overtime. I don't want to be greedy but I need help with this debt. Please note that salliemae sends my ex and I letters to pay but he ignores them so there is no question this is a 50/50 responsibility issue. I can't get my name off the loan because we have not been paying on time.
3 Answers from Attorneys
Re: co-sign student loan
Retain an attorney to file either a complaint for contempt, if it was part of the divorce judgment, or a complaint for modification if it was not. Good Luck!
Re: co-sign student loan
I suggest you contact an attorney to see if you can file a Motion to require your husband to pay his half of the loan.
Good luck.
Re: co-sign student loan
A proper answer requires a review of your judgment, which may deal with this. However, as a co-signer, he is legally liable. Thus, even if it was not dealt with in the divorce, you can file a case in equity. If possible, you would file it in the same Probate and Family Court. Please feel free to contact me or anyone in this service for a full consultation.
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