If a divorce decree orders me to pay half of my ex’s student loans, how do I fight this?
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If a divorce decree orders me to pay half of my ex’s student loans, how do I fight this?
Student loans of $38,000. It was not used during the marriage and I told my lawyer this. She had no proof of this. We owned nothing at all and had no children. How can I fight this ruling?
Asked on April 1, 2012 under Family Law, Ohio
Answers:
Patricia F. Bushman / Bushman & DuBose, LLC
Answered 12 years ago | Contributor
Once a court makes a final ruling, you should first ask the Court to reconsider. If the Court refuses, then an appeal must be filed. This is a very technical area of the law. You should contact a good appellate attorney in your area to advise you. Good luck.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Okay, you had an attorney so you need to go back to the attorney and speak with him or her about the ruling and the procedures for appealing it. If there was no proof then how could the judge rule this way? Is it possible that the judge balanced the issue of the debt with an asset - more to you? I am curious as to what proof your wife showed of the debt besides the issuance of the loans. What did it go to by the way? If it went to support you two in the marriage rather than to the schools then it could still be charachterized as marital debt. Clarification is needed here. Good luck.
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