Legal Question in Family Law in New Jersey

Repaying College Loans

My mother promised to pay for all my college expenses. I have just graduated college and have accumulated approximately $40,000 in students loans. These loans were put through me and co-signed my mother. My mother has been making monthy payments on the loans for the past 4 years. Because of several dissagreements she now said that she will not pay for my college at all. My father has been paying child support through college, but I am sure that amount has not gone towards my loans. She is now saying that she will take me to court if I do not pay the loans myself.

I am not sure what I am responsible to pay. I have a letter written by my mother that if I go to school out of state then she will not pay but if I stay in state she will help. I went out of state for one semester and paid for it myself.

My loans are now due and one loan is past due because she stopped making payments.

From what I understand, in NJ parents are responsible to pay for part of their child's college education. Please help me understand what my options are.


Asked on 5/29/08, 1:48 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Repaying College Loans

Divorced parents are obligated to pay for their child's post-high school education in accordance with their respective abilities to pay, subject to reasonable contributions by the child. And child support may be required to continue, also depending on the facts of each case.

Finally, a parent may also be obligated to pay for graduate school depending on many factors, including whether a Court believes same would have been paid for if the parties had remained together as an intact couple and also depending on the ability of the parents to pay for same. In both of these cases, a careful analysis of all factors must be made because these cases are truly fact sensitive.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

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Answered on 5/29/08, 8:11 am


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