kaestu
recently joined
Reged: 04/17/08
Posts: 23
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I have a friend who has been divorced for 3 years. While married, his wife was a stay-at-home mom. She traded the right to alimony for being able to claim all three kids on her taxes until she either finished college or re-married. They share custody and he pays a lot of child support plus pays for most expenses, including all medical/dental expenses. She is graduating from college next month and has gotten a good job. He wants to adjust try and adjust child support but is afraid she will try to get force him to pay for part of her school loans. I say that no judge in the country would force him to do so because all of her school loans are post-divorce and that if it wasn't decided on in the divorce decree, then she doesn't have a leg to stand on. He says that, in Oregon, the law allows for a change in alimony post-divorce and that she will try and use her student loans as a form of alimony. Oh, and she is engaged to another man and is making about half what my friend makes now.
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stuckinarut
Pooh-Bah
Reged: 10/12/07
Posts: 1610
Loc: Island of Man
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tell her to pay her own student loan!
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"The King of fraud and corruption"
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kaestu
recently joined
Reged: 04/17/08
Posts: 23
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Well obviously that is the plan, but I guess what he is wondering is the legal aspect of it....could a court require him to pay her post-divorce student loans? He did not benefit from them at all in any way or have anything to do with them.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 4789
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It depends on the wording of the decree . Is spousal support referenced ? It's unlikely , even if awarded , that educational expenses would be considered .
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Adversus solem ne loquitor
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PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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Unlikely getting payment on the student loans but in the State of Oregon, Alimony can be re-visited...
My EX wouldn't agree to helping me w/ any of my student loans; the judge awarded higher SS.
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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stuckinarut
Pooh-Bah
Reged: 10/12/07
Posts: 1610
Loc: Island of Man
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i will NOT pay for my stbx's student loans, she can go out and get a job and pay for them herself.
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"The King of fraud and corruption"
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 5884
Loc: Minneapolis, Minnesota
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There is no court that will require amn ex to pay post divorce student loans or to pay spousal support if it was waived in the divorce. If tthe issue was reserved, it could be readdressed, but studentl loans would be an unlikely basis for an award.
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http://www.divorceprofessionals.com
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