QUESTION
Do I have to continue paying the student loan?
Asked on Dec 06th, 2013 on Divorce - Michigan
More details to this question:
I live in Tennessee, divorced 17 years. My youngest daughter signed up for a loan for a medical assistant degree but only attend 1/4 of the class. I have been paying my daughter $100 per month for 5 years on this loan. She has refused to give me statement of remaining amount due or the interest so I could claim it on my taxes. This has finally come to a head - I have not paid the $100 for 3 months. I sent her a certified letter that I would pay what is due once she gave me the statement from the lender and the amount of interest I have paid so I can claim on my taxes. She is threatening to take me to small claims court. In your opinion do I have to pay for classes that a student never attended? I have been paying on 3 other loans to another school where she did complete the course of study. All of these loans are in her name, my signature is not on any of the documents but in the divorce marital dissolution agreement, I agreed to pay for her college.
3 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Your ex wife can take you to court to enforce the divorce judgment but not necessarily the daughter. if you simply state IN WRITING that you will pay if you get the documentation then she has no cause of action. BTW Your daughter is acting like a spoiled brat.
Answered on Dec 09th, 2013 at 8:10 PM
It sounds like you entered into an agreement/contract with your daughter. The terms of the agreement/contract were for you to pay the loan and for her to attend the classes and graduate. If she did not attend the classes, she breached the contract and you should not have to pay the loan. Let her take you to Court. The worse that can happen is the Judge will find in her favor, but I believe if you explain the agreement/contract and that she breached it by not attending classes, she will loose. Good luck.
Answered on Dec 09th, 2013 at 8:10 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Let her take you to court. To do so will require that she demonstrate that YOU owe the money and that YOU had an obligation to pay, and the exact amount of the outstanding balance.
Answered on Dec 09th, 2013 at 8:10 PM