If my ex let a student loan in my name for my stepdaughter go to default, what do I do?

In our divorce it was agreed that he would take over payments of this loan since she was his daughter. This was even brought up and organized by his lawyer. Now it’s in default and I can get a student loan for myself and they want to garnish my wages. Can I fix this problem?

Asked on July 1, 2012 under Bankruptcy Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry.  The student loan lender was not a party to the divorce agreement between you and so they are not bound by its terms.  Your ex is, however, bound and so you can fix this by taking him back to court for contempt and for breach of the agreement.  Good luck.


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