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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9968
Experience:  Experienced Family Law Attorney
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It wasn't clarified in my divorce that we both pay my

Customer Question

Hi, it wasn't clarified in my divorce that we both pay my children college expenses. but i had to take out a parent plus loan for both kids that is in excess of $170,000 at this time. how do i get my ex-wife to help with these loans. it is putting me into bankruptcy. I also can't get my children to pay and there was an agreement that they pay their own student loans after graduation. I'm losing my home and everything i have because of the crushing loan [payments that are now sole in my name.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: illinois
JA: Have you talked to a lawyer yet?
Customer: no i wasn't even sure if it was a possibility
JA: Anything else you think the lawyer should know?
Customer: no, just that the divorce was before the kids went to college. and my signing the parent plus was the only way they could both attend
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Was the agreement with the children in writing? Also when you say it wasn't clarified in the divorce, was the subject just not discussed? And may I assume everyone has now graduated or is no longer in school?

Customer: replied 1 year ago.
Noon it wasn't discussed in the divorce settlement and yes both children are graduated with undergraduate degrees and both refuse to pay the undergraduate parent plus loans they agreed to pay
Expert:  LegalGems replied 1 year ago.

While 750 ILCS 5/513 (http://www.ilga.gov/legislation/ilcs/documents/075000050k513.htm) gives the court discretion to order one or both parents to contribute to the child's college tuition, this needs to be done before or during college; a parent cannot be ordered to pay for college expenses after the fact, because the court loses jurisdiction over child support issues when the child is no longer the subject of such an order.

If there is a written agreement to pay the parent back for the loan, that can be enforced in court. Similarly verbal contracts are also binding but are more difficult to prove. If any partial payments have been made from student to parent that can help prove a promise to repay.

Parent plus loans put the parent on the hook and many parents unfortunately find themselves in this situation.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Checking in on the above;

thank you for using JA.

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