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AI Legalese Decoder is here to help navigate the complex legal issues surrounding your student loan debt. Our platform offers personalized assistance in understanding the legal avenues available to transfer the debt to your father. Our team of AI legal experts can provide you with detailed information about the process and assist you in building a strong case.

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Firstly, we will help you understand the legal aspects of the divorce settlement and whether you have any grounds to transfer the debt to your father. Our platform will provide you with clear and comprehensive explanations of the relevant laws and regulations, helping you to make informed decisions.

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11 Comments

  • ThoughtfulMadeline

    Your mom would likely be the one who would have to take him back to court to enforce this.

  • ddadopt

    >Since the student debt was included in my parents’ divorce proceedings

    ***You*** do not have any standing, here. On the other hand, your mother ***may*** be able to enforce the terms of their property settlement.

    >do I have any legal footing to transfer the debt to him?

    That’s not ever happening. The court may ultimately order him to pay your debt, but whomever that debt is owned to is not a party to their divorce proceedings and they are still going to hold ***you*** liable for it no matter what outside agreements have been made or are being enforced.

  • Houseofrad

    Unrelated to the legal aspect of this, maybe you could consider applying for the new SAVE program as it could make payments more manageable.

  • Much_Good_6974

    As others have suggested you should check with your motherÔÇÖs attorney. IÔÇÖve never heard of an adult childÔÇÖs debt being part of a parents divorce. But laws vary based on states so I suppose itÔÇÖs possible. Could it be that the parents plus loan was part of the divorce but not the remaining student loan?

  • Melodic-Lawyer4152

    This is an interesting one.

    The dad entered into a contract with the mother, but for the benefit of OP, who is not a party to the contract. The mother could probably sue for specific enforcement of the agreement, even though it is not a term that is for her benefit. The agreement with the dad provides adequate consideration (exchange of value) to make all terms enforceable. Whether she would or not is another question.

    In contract law, normally only a party to a contract can sue the party in breach (the doctrine of privity of contract). But there are exceptions to this rule, depending on the particular laws where OP lives. In my country, there is a statute that states that a third party beneficiary of a contractual right can sue to enforce it.

    Of course it would only be worth proceeding with if OP’s good-for-nothing dad has assets against which a judgment can be enforced.

    It will depend on the laws in the jurisdiction in which OP lives, but it sounds far from hopeless from my armchair.

    Lawyer time.

  • Historical_Guava_294

    If you arenÔÇÖt able to get this resolved legally and live in the US, you can apply for income-based repayment plan. This should buy you time. You can always pay more than the minimum required payment, but it should help.

  • flurfblips

    NAL, but am familiar with student loans. Undergraduate loans via the federal govt are almost always Parent PLUS loans where the obligation rests with the parents to repay. Based on what you describe, it does sound like these were loans for an undergrad degree. Do you know if they are Parent PLUS?

    So you may not have a personal debt issue but your mom may have a huge one. If you haven’t alerted her already, definitely do so.

  • JoeCensored

    You weren’t a party to the divorce settlement, so you lack standing to enforce the settlement terms. Your only chance is for your mother to go to the courts.

    I don’t know how your mother enforcing a divorce settlement will go when the debt isn’t hers though. It is also not clear to me if the 10 year statute of limitations contained in NC Gen Stat 1-47 applies here. Good luck

    I am not a lawyer

  • Oryzaki

    That is what parent plus loans are for. You get the loan, and they get the responsibility if you don’t pay.