Ex-husband adhering to terms of Divorce Settlement

[shelig]

Hi,

My ex-husband is responsible for making my student loan payments, as written in our Divorce Settlement. As the student loan is listed under my name and SSN# late payments are negatively affecting my credit report. Yet again, I have been informed by the student loan in question that the payment is now 25 days late, and will again, negatively affect my credit. I have written him letters politely asking him to make the payments promptly. I would like him to just pay off the full amount so we do not have to keep dealing with this issue. I'm assuming I have the legal upperhand here, but am not sure what to do. I do not want to have to pay legal fees for something my ex is already legally responsible for. Help!

 

[presutin]

Well...without the legal upperhand, your husband is taking advantage of this situation! Can you not make the payments and then get reimbursed by your ex just for the sake of protecting your credit while you have your attorney clear this out with him?

 

[Duranie]

You canmot force him to make payments on time. If you are concerned about your credit then all you can do is make the payment yourself and go after him for reimbursement.

 

[irish223]

IMO the easiest and cheapest solution is for you to make one payment. If he continues to make late payments, but makes them regularly, then every payment he makes will actually be early. (and I wouldn't tell him about your payment)

If he starts missing payments altogether, then he'll be in contempt. Then you can go back to court.

 

[PILawGirl]

Make the payment yourself, send him the proof of payment for reimbursement.

Honestly, what makes you think he has the full amount to pay off the loan if he doesn't even make the payments on time? Or does he have the money and he's just being lazy?

 

[irish223]

A word of caution about making the payments yourself... If you start making regular payments, he has reason to go back to court for a modification of the decree.