Legal Question in Family Law in Ohio

Divorce

I cosigned on a student loan for my now exhusband. In our divoce decree it says he is responsible for his loan and will not cause any damage to my credit. He has not been paying the payment regulary. And has made no attempt to take any action to get my name removed. Our divorce was in Ohio, and I now live in Georgia. I need to know If I get a lawyer will taking him to court for contempt be enough? Or will I have to sue him? And how much can I expect to pay in lawyer fees, or can I somehow get him to pay them if the court sides with me. Help! Is there anyway to get my name off of the loan, since Sallie Mae won't take it off?


Asked on 4/24/07, 7:01 pm

2 Answers from Attorneys

David Davies Law Office of David H. Davies

Re: Divorce

Sallie Mae won't help you. They have a contract and they will enforce it. Having you and your ex on the loan means they are more likely to get paid.

The domestic relations Court should enforce the order if you file a motion to show cause. The Court may order that your ex reimburse you for your attorney fees but you will still have to pay your attorney and hope that your ex will obey the order to reimburse!

The othe option you have is to pay the obligation yourself and file a separate law suit against your ex for the money that you had to pay. If he has a job or any assets such as real estate etc, you should be able to collect on the judgment.

Either of these options are going to require that you talk directly to an attorney and will cost you up front money. If your ex-husband does have some solid assets, you should be able to recover your costs and may even be able to get an attorney to work for a reduced fee up front with balance after collecting.

If you want to talk about this feel free to give me a call. No charge or obligation for the call.

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Answered on 4/25/07, 8:27 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Divorce

You should consult with a local attorney about domesticating the OH divorce so you can take legal action against him in GA. In the meantime, make sure all the payments are made to protect your credit.

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Answered on 4/25/07, 9:38 am


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