Can divorced parent avoid court-ordered college tuition by making student take loans?

This is definitely a contempt of court issue. Your friend's paying parent should file a motion for enforcement/contempt with the family court that issued the original order. The court can order the non-paying parent to reimburse those loan amounts and potentially pay the other parent's legal fees. Keep all documentation - loan paperwork, communications urging the student to take loans, and proof the other parent paid their portion directly to the school. The judge will NOT be happy about someone trying to circumvent a court order by manipulating their child.

omg my parents did something similar!!! my dad was supposed to pay half but kept "forgetting" so i just signed for loans to avoid the drama. now im stuck with $22k in debt that shouldnt be mine. following this thread to see what ur friend does bc maybe i can fix my situation too

Beyond the contempt issue, your friend should know that student loans belong solely to the student, not the parent - even if the parent promised to pay them back later. If the non-paying parent is claiming they'll "help with the loans after graduation" or something similar, that's a HUGE red flag. Those promises rarely materialize, and the student will be stuck with the entire debt burden plus interest. The court order exists precisely to prevent this type of situation.

Law student here. This is actually a common problem in family court. The paying parent should request an immediate hearing and ask for: 1. Enforcement of the original order 2. Reimbursement to the student for ALL loan funds used 3. Interest and penalties 4. A clear order prohibiting future loans for the parent's portion Courts take these violations seriously because they affect both the other parent AND the student's financial future. If there's evidence the parent knowingly violated the order, there could be significant consequences.

my ex tried to pull this on our daughter!!! told her to take loans and "not worry about it" instead of paying his court-ordered share. I found out and threatened to take him back to court. miraculously he found the money the next day. these deadbeats always have money for themselves but not their kids education smh

Has your friend tried contacting the financial aid office? Sometimes they can flag situations like this, especially if there's a court order involved. They might have resources or advice since they deal with divorced parents all the time.

If the paying parent is having trouble getting through to the court for a hearing date, tell them to try Claimyr.com. I used it when I needed to speak with someone about a similar situation - they got me through to the court clerk when I couldn't get past the automated system for days. There's a video demo at https://youtu.be/TbC8dZQWYNQ that shows how it works. Saved me weeks of waiting for a response on an urgent matter like this.

To answer your follow-up question - courts typically can't force the parent to refinance the loans into their name (student loans require credit checks and approval). Instead, they usually order the parent to either: 1. Pay off the loans directly in a lump sum 2. Make payments to the student monthly so the student can pay the loans 3. Set up a trust with sufficient funds to cover the loan payments The exact remedy depends on the judge and jurisdiction. But documenting everything is critical.

wait i have a question - is this different from parents who refuse to fill out FAFSA? my friend's parents won't provide their info so she can't get financial aid at all even tho they dont pay anything for her college

One more thing your friend should know: This situation is time-sensitive. Most family courts require contempt motions to be filed within a certain timeframe of discovering the violation. The paying parent shouldn't wait to see if things improve or if the other parent eventually pays up. Document everything, file the motion, and let the court handle it. That's exactly what these orders and enforcement mechanisms are designed for.

This is such a frustrating situation but unfortunately pretty common with divorced parents trying to dodge their court-ordered responsibilities. I've seen this play out with several friends over the years. The key thing is that your friend needs to understand this isn't their fault - they were manipulated by a parent who should have been protecting them, not burdening them with debt that legally belongs to someone else. The contempt of court route is definitely the way to go, but I'd also suggest your friend keep detailed records of any future communications with both parents about college expenses. Sometimes these situations escalate and having everything documented becomes crucial for the court. Hope they can get this resolved quickly!