Can I sue my exfor their share ofa student that I paid off after coming to an agreement with the creditor?

UPDATED: Jan 28, 2011

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Can I sue my exfor their share ofa student that I paid off after coming to an agreement with the creditor?

Loan for our child that went to collections.

Asked on January 28, 2011 under Bankruptcy Law, District of Columbia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If this is your ex-spouse, you need to review your divorce decree and child support agreement. If this is not part of a marital agreement, and you didn't have a prior agreement about your minor child's educational costs, you need to figure out how much it would cost you to litigate this matter in small claims or civil court (depending on the amount owed) to obtain contribution.  You can talk to the parent and see if he or she is willing to help out.  And make sure it is in writing; otherwise, you may not have a leg to stand on.  If this an educational amount incurred when the child was over the age of 18 (say college tuition), you may not have a chance to prevail.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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