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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2161
Experience:  Divorce, custody and child support attorney.
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My daughter is 19 and attending a community college in the

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My daughter is 19 and attending a community college in the state of Illinois. Her mother and I were never married. I have met the child support requirements according to law and it was terminated in May 2010 when she graduated from high school. Her mother has taken out a loan to pay for the secondary education. I wasn't aware of the loan until a few days ago when she informed me that I was going to help pay back the loan or she was going to take legal action. It is my understanding that in Illinois parent(s) can be held accountable for a portion of the child's secondary education. Would this fall into that category? Would my daughter actually have to sue me? I am single and make about 20K a year. She is married and between the two of them they make about 50K...
Submitted: 6 years ago.
Category: Family Law
Expert:  Lawyer Lori replied 6 years ago.
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Lawyer Lori :

In Illinois, a court can order that a non-custodial parent pay part of the tuition and other costs relating to college. However, Illinois also does not permit the custodial parent to obtain retroactive support. So, it boils down to she can take you to court and force you to pay this costs in the future but not for costs that she has already paid. Now, if she does take it to court, there are several factors that the judge will consider including the ability of each parent to pay, the academic ability and performance of the child, the cost of the school and whether it is a public or private school.

Lawyer Lori :
PlPAs long as you properly probated the estate of your husband and if you notified this creditor the estate was insolvent and if your name is not on the card you would not be liable, but if your name is XXXXX XXXXX card and you never signed up for the card, then you can dispute the debt as they have no proof you ever agreed to the card. If you did not go through any probate of the estate and did not notify them it was insolvent, then there is a strong possibility they can make you liable for the debt as surviving spouse/heir if you took anything from the estate which was liable to pay that debt.

HOWEVER, if you have no assets and only disability income and retirement income, you are what is known as "judgment proof" because even if they sue you there is nothing that they can seize from you to pay the debt as disability and retirement income is not subject to garnishment or seizure for these types of debts. If they keep trying to collect, send them a letter telling them that under the Fair Debt Collection Practices Act, you deny the debt, you never signed up for nor authorized anyone to sign you up for that account and you have never made any charges to that account. Tell them that under the FDCPA you are demanding they provide proof that the debt is yours in the form of signed receipts or a signed application and also an itemized statement showing the amount of the debt and that you made the charges or authorized them to be made. Tell them that if they fail to provide the information as required by the FDCPA you will sue them for up to $1000 per violation plus your attorney's fees. Then if they continue to try to collect the debt from you, contact a consumer protection law attorney to handle the claim.
Lawyer Lori :

Please accept my answer and then we can continue this conversation this conversation with na\\

Lawyer Lori :

Please accept my answer and then we can continue this conversation with any followup questions you may have.

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