Following a custody battle, a court ordered that 100% of the cost of higher education for the children would be paid by the father. He (the father) instead chose to cosign student loans which he has no intention of paying.

My question is fairly straightforward: What are the options to pursue payment in this sort of scenario?

I'm not asking what the best option is, or for legal advice, but simply what are the possible options.

It seems crazy to me that we would have to go back to court to force him to uphold the court order that was already ordered, but I really have no idea if that is the only choice or not.

I do plan to contact a lawyer, but thought I'd ask here first to gain a little more knowledge.

  • Did he only co-sign loans that are not in repayment? Or has be refused to pay loans that have come due? Oct 18 '17 at 23:37
  • @BlueDogRanch All of the loans have come due at this point, all co-signed by him. They have been being paid without him so far, some for a few years. It's probably frivolous detail to add this, but the reason for the delay was a hope that he would decide to pay them eventually without forcing him.
    – user13992
    Oct 19 '17 at 0:06
  • One other probably frivolous detail - it isn't a matter of his income, he could certainly afford it and has chosen not to pay as ordered.
    – user13992
    Oct 19 '17 at 0:09
  • He can be found in contempt of court; sometimes simply a warning letter that that can happen will spur movement. Look for a free legal aid clinic in your area; they generally help with civil cases. Other members of the site may offer more procedural information. Oct 19 '17 at 4:23
  • Where? The options will be different in the US (probably by each state), England&Wales, Scotland, Canada, Australia, etc. Oct 19 '17 at 7:45

A few options:

  1. Contempt of court proceedings to force him to comply with the order on pain of fines and incarceration.

  2. Failure to sign documents can sometimes be remedied by getting an order to have the clerk of the court sign the documents as his court appointed agent.

  3. If there is economic harm as a result, seeking an order for a monetary sanction in divorce court and enforcing it has a judgment once entered (e.g. garnishment of wages and bank accounts, seizures of property).

These are listed roughly in the order in which they are likely to be utilized.


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