Saturday, February 14, 2015

My father agreed to pay 75% of my student loans in the divorce agreement he signed with my mother. He has not paid.

Q:  My father agreed to pay 75% of my outstanding student loans from college and he has not paid. The agreement stated that I remain in college as a full time student and graduate within four years. all of which I did. He agreed to this in his divorce against my mother back in 2007. How do I sue him for the money he owes as he is stating that his circumstances were different back then. Is he not responsible for the 75%?

A:  David's Answer:  If he never moved to modify the agreement, and assuming it was incorporated into a judgment of divorce, then he most likely won't be able to "get out of it" now. That said, your mother would be the proper party to bring the enforcement action. Schedule a consult with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (

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