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Nishan Parlakian
Nishan Parlakian,
Category: Consumer Protection Law
Satisfied Customers: 56
Experience:  Principal at Consumer Law Office of Nishan Parlakian, Esq.
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I co-signed on a student loan son. s mother, my x-wife also

Customer Question

I co-signed on a student loan for my son. His mother, my x-wife also cosigned. They decided to default and either forced me to pay the loan or get dragged down too. Not having a lot of money I was forced to default also. The bank then seized half of the funds owed, from my x-wifes savings account which was in the same bank that carried the student loan. She is now threatening to sue me for half of what the bank took stating I'm responsible to repay her since i was a cosigner on the loan too. Does she have a case? I made the agreement with the bank they took half the money from her account, and wrote off the rest of the debt.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Nishan Parlakian replied 1 year ago.

Jeff, sorry for the issues you have. If the bank is not in the picture anymore and they have gone away then it is just you and the ex to hash things out. My opinion is that she would have a case against you. The facts you state seem to support her claim against you in terms of fairness. That being said how strong her case is would depend on the divorce agreement and what you both agreed on in terms of expenses with your kid. If you agreed to share evenly then I believe her case is strengthened. On the other hand if you have been paying in support and you believe you have perhaps more payments or have had more expenses that should offset her claim that would be important and help you. It would also make a difference but I'm not sure to what extent, of who earns more. Obviously everyone is trying to make ends meet (me too) but in this case the court might feel that no party should suffer more than the other party. So yes, think she has a case but how good it is-not sure. Good luck, Sean