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General question:

a student takes out a subsidized stafford student loan in 1989 as an unemployed, single, unmarried student. Misses three days of class due to a death in the immediate family. When she returns, she is informed that she has been dropped from the school. No income of course these loans went into default. Now, 20 years later the student gets married, her new husbands income tax return was intercepted for the loan she acquired BEFORE he was ever in the picture.

IS THIS LEGAL?

WHAT ARE HER OPTIONS?

SHE IS NOT WORKING ONLY HE IS.

THEY BOTH HAVE HEALTH ISSUES.

SHE OWES ABOUT 2500.00 (INCLUDES THE INTEREST)





a student takes out a subsidized stafford student loan in 1989 as an unemployed, single, unmarried student.

Really irrelevant.


Misses three days of class due to a death in the immediate family. When she returns, she is informed that she has been dropped from the school.


Never heard of any school that will drop a student for missing 3 days...schools have withdrawal policies and generally this type of event (death in the family or medical) is covered as an exception.

No income of course these loans went into default.

Why of course loans go into default?? Deferments or consolidation would have kept them current and out of default. '
Now, 20 years later the student gets married, her new husbands income tax return was intercepted for the loan she acquired BEFORE he was ever in the picture.


Irrelevant as to when the husband came into the picture.

IS THIS LEGAL?
Yup

WHAT ARE HER OPTIONS?

Depending on the state (non community property state) spouse can file for injured spouse.

SHE IS NOT WORKING ONLY HE IS.

Irrelevant


SHE OWES ABOUT 2500.00 (INCLUDES THE INTEREST)

Sub: #1 posted on Mon, 01/06/2014 - 09:28

SOAPLADY SOAPLADY
Moderators Cum Industry Expert
(Posts: 17209 | Credits: 4746.15)

From personal experience, I can say that when it comes to student loans- not much gets you out of them.
Coming from a similar situation- my wife also had loans out before we got married... depending on the state, the Injured Spouse form (usually found on the IRS website) will protect a portion of your income tax return. I also know that a surefire way of paying the loans off with FREE money is to let your returns go to paying off the debt. In my case- I have over $50k in loans for school- though am currently in school, but am also making the interest payments plus $25 to principle. It will be awhile before I can pay them off, but at least I'm making a dent while they're in active deferment.

Sub: #2 posted on Thu, 11/06/2014 - 14:46

Stumpster Stumpster

(Posts: 5 | Credits: 0.58)

. I also know that a surefire way of paying the loans off with FREE money is to let your returns go to paying off the debt.


Crappy advise. Income tax returns are NOT free money. With daily accruing interest and capitalization, a return may not even cover the interest charges giving people a false sense that they are making payments. Rehab, consolidate...do anything to get yourself out of default.

Sub: #3 posted on Mon, 01/12/2015 - 01:04

SOAPLADY SOAPLADY
Moderators Cum Industry Expert
(Posts: 17209 | Credits: 4746.15)

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