If a divorce decree orders me to pay half of my ex’s student loans, how do I fight this?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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 9 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. 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption