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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33385
Experience:  Began practicing Family Law in 1992
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I have a question about student loans and divorce in

Customer Question

I have a question about student loans and divorce in california
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: are you a human?
JA: I'm an assistant to the Family Lawyer. I work with them to help customers like you.
Customer: this is a bot isn't it?
Submitted: 10 months ago.
Category: Family Law
Expert:  JD 1992 replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

No, it's not a bot, or at least I don't think it is.

Expert:  JD 1992 replied 10 months ago.

We have a number of people that work at the office and that pick up on questions like that and then send them on to the experts.

Expert:  JD 1992 replied 10 months ago.

Is there a specific question with which I could assist?

Customer: replied 10 months ago.
Lol, okay thanks. So I am wondering if my student loan debt will be assigned to me or a shared debt in my divorce. I haven't yet graduated and owe about $57,000. Most of that money went to tuition, however I received about $55,000 in grants, employer reimbursement, and tax credits in that period. This money all went towards the house, car repairs, kids birthdays ect. What do you think?
Expert:  JD 1992 replied 10 months ago.

Generally a student loan is assigned to the person who incurred it. However, if you spent a lot of the money on living expenses, etc. then you can certainly ask the judge to award a share of that to each of you.

Customer: replied 10 months ago.
the money I received for my education beyond loans like tax benefits and employer credits and taxes wouldn't be considered? also how about if I havnt graduated, we were married for the entire period I recieved the loans.
Expert:  JD 1992 replied 10 months ago.

Yes, as a general rules that is correct. Most judges don't award student loans to the other spouse in a divorce because of the theory that they won't enjoy the rewards of the education.

However, if you can offer proof that you used the monies you received for marital expenses then that portion of the money can be awarded to the other spouse or split between the spouses in the divorce.

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