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Student loans and divorce

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Joined 2012-08-01

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It’s been several years post divorce and my ex-husband and I have been paying regularly for a few years on loans as divided in the divorce decree. I did not have proper representation in the divorce process and recently realized that I am paying on loans that have my ex-husbands name on them. These do not show up on my credit report. He is paying on loans that are US Dep. of Education joint consolidation loans. These loans DO show up on my credit report and I have already had problems due to late and/or missed payments on his part.
At this point I owe less on the loans with his name that I took on as part of the divorce decree. So the loans with my name remain high while I pay off his with regularity.

1. Is there is any way to get my name taken off the joint loans? Perhaps by a re-consolidation using only his name?
2. I am amenable to an even switch, but he is not.  So, is there any chance I could get the loans switched without his cooperation?
3. Also, are there resources to find a credible lawyer who specializes in student loans? In the Dallas Area?

Thank you!

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Joined 2011-03-30

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Liz,

I’m sorry you are facing this situation.  A couple of thoughts: the federal joint consolidation loan for married borrowers was so problematic that it is no longer available.  The feds will certainly not be letting you out of it and late fees and default charges can be absolutely HUGE.  Plus, the federal government’s collection powers are legendary.  You are right to look for an attorney.  Student loan knowledge will be helpful, but I expect you need someone with family law expertise.  As for consumer lawyers,  I’m a member of the National Association of Consumer Advocates, and that’s the place to look:  http://www.naca.net/

Best,
Heather