My ex-wife and I agreed to split the cost of our child’s college loan, which I took out in my name though my ex is now refusing to pay her half.
What legal course of action can I take to make sure she pays her fair share?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Michigan divorce laws where I am licensed to practice.
If the terms of your divorce judgment explicitly state that the two of you agreed to be responsible for your daughter’s college loan, then you would have the ability to bring a motion to enforce the terms of the judgment.
In general, unless you and your ex-wife entered into some type of contract or written agreement whereby you both promised to pay for your child’s college loan, there is no way to compel your ex to abide by her promise. Neither party can be compelled to pay for a child’s college-related expenses if the child is not a minor.
A debt incurred during the marriage is a marital debt, regardless of whose name is on it, and from that perspective, the loan would be the responsibility of both parties in the absence of a writing to the contrary.
However, if this loan was taken out by you for the express purpose of paying for your child’s college education, it will be difficult to categorize this as a marital debt since neither parent is required to incur such debt, and your ex-wife is now refusing to make good on her promise.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.