QUESTION
Was he legally allowed to deduct this from my support without my permission?
Asked on Apr 09th, 2013 on Divorce - California
More details to this question:
My divorce agreement says that I am responsible for payment of my daughter's student loan that was taken out while her dad and I were still married. When the loan came due, I asked him for the loan information so I could start sending payments (the loan through Sallie Mae is in his name). He said that "he didn't trust me to pay it", so he was going to deduct the amount from my support payment. I did not agree to this, but he did it anyway and has been doing it for approx 5 years. I have asked him repeatedly for the loan balance and payment history and he has ignored every request.
3 ANSWERS
Family Law Attorney serving Temecula, CA
at
Landon Rainwater Robinson LLP
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Take him to court for failure to pay the amount of child support as ordered. Otherwise known as contempt.
Answered on Apr 14th, 2013 at 8:42 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
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Why are you raising this issue now? What he is doing does not seem legal. I would demand an accounting and they payment information in court.
Answered on Apr 10th, 2013 at 12:54 AM
No, he is not entitled to do that but you have let it go so long that the court may not be sympathetic to your complaint. You should consult a family law attorney to review the Judgment and advise you.
Answered on Apr 10th, 2013 at 12:36 AM