QUESTION

Can I get my ex-husband to pay HIS part of a loan so that it does not affect my credit?

Asked on Jul 10th, 2012 on Divorce - New Jersey
More details to this question:
I got divorced in Sept 2011 and in my settlement, my ex-husband and I agreed to pay a portion of the student loans we took out. These loans are solely under my name but he has to pay his monthly portion through the website. Although he has made the payments to the account, not all his payments have been on time and it is very hard to get a hold of him when this occurs.Therefore, I am looking to get him to pay his portion of the loan in full, (either by him taking a personal loan to pay this amount or which ever way it suits him better). Is this possible?, if so, how can you help me and what is the cost for this service?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
In order to change the terms of the agreement that you made to allow him to pay monthly, you are going to have to some type of enforcement action indicating that he failed to pay several months, was late, caused penalties, whatever the issue was, and as a result, you are entitled to a new agreement.  I'm not sure you would be successful in getting him to take out a personal loan to pay off the student loan in full because the terms of the student loan are probably more favorable than he could get as a personal loan.   Send me a n email and give me more of the details about how many times he was late, what penalties were incurred etc and I can let you know if this is something that could be successful. 
Answered on Jul 10th, 2012 at 9:12 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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