US spouse has student debt. If I move there, am I liable?

[Falcon Cara 378]

1 hour ago, Jorgedig said:

Prenup?  OP is already married.

You right

 

He may need to look into a post nupitial then

[JoannaV 174]

Given what you've shared, I'd say it is of even more importance than usual that your wife would pursue UK citizenship before y'all considered a move back to the US.

[databit 328]

😨 You will NOT like this story, but here goes. Immigration status is actually irrelevant in this story. I have a personal family link to this event.

Happened in California. This will become important later.

 

Man had defaulted on his Federal student loan and was in payment arrearage. But then he got a steady job, and notified the Feds (as required for any change of income), and he began to have payments deducted (garnished) from his salary. 

 

Woman had perfect credit and a good job. They met and married. Since the couple's income was now combined, Man again notified the Feds, expecting that his payments would be higher. He was okay with that.

 

BUT THAT'S NOT WHAT HAPPENED!

 

Instead, Woman got a letter from the Feds saying that they would be garnishing HER salary, too, since the couple was living in a Community Property State, and therefore, their new income was joint income. To avoid embarrassment at her job, she paid off her husband's loan from her savings account. 

 

So YES, a new spouse CAN be held liable for the other spouse's debts in certain circumstances. 

 

 

[saladboye 166]

22 hours ago, SCOREAU said:

In the process of applying to move to usa as the uk spouse of a us citizen who has been in uk for a decade. Am I liable for her student debt ( alot of money ) amassed before I knew of her existence.?

Quite important, as I'd rather we stay here if that's the case. Thanks.

No.

 

Another thing, they do not get wiped away if you later decide to file bankruptcy.

 

Collectors will call and say you are obligated but you are not.

 

In event of her death, it will be collected from her estate.

[saladboye 166]

11 hours ago, databit said:

😨 You will NOT like this story, but here goes. Immigration status is actually irrelevant in this story. I have a personal family link to this event.

Happened in California. This will become important later.

 

Man had defaulted on his Federal student loan and was in payment arrearage. But then he got a steady job, and notified the Feds (as required for any change of income), and he began to have payments deducted (garnished) from his salary. 

 

Woman had perfect credit and a good job. They met and married. Since the couple's income was now combined, Man again notified the Feds, expecting that his payments would be higher. He was okay with that.

 

BUT THAT'S NOT WHAT HAPPENED!

 

Instead, Woman got a letter from the Feds saying that they would be garnishing HER salary, too, since the couple was living in a Community Property State, and therefore, their new income was joint income. To avoid embarrassment at her job, she paid off her husband's loan from her savings account. 

 

So YES, a new spouse CAN be held liable for the other spouse's debts in certain circumstances. 

 

 

This should not have happened. Some painful hours of calls should fix it.

[SCOREAU 36]

On 6/9/2019 at 8:38 PM, Jorgedig said:

Probably for the best, as I'm sure she also has not been filing US taxes, as required for Americans living abroad.  https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad-filing-requirements

You guessed right. She works here, but earns little. I've done all the paperwork and spent hours on it, but it's hard work doing it by myself.

[SalishSea 18,142]

1 hour ago, SCOREAU said:

You guessed right. She works here, but earns little. I've done all the paperwork and spent hours on it, but it's hard work doing it by myself.

Even if she does not earn enough to owe anything, she should file.  Just part of getting the ducks in a row for US immigration.

[SCOREAU 36]

Just now, Jorgedig said:

Even if she does not earn enough to owe anything, she should file.  Just part of getting the ducks in a row for US immigration.

We decided to pursue it to the end and see what happens. At least we'll know I tried. Better to have tried and lost than to have wondered what if.

[RLA 324]

On 6/9/2019 at 5:45 PM, MorganandMichael said:

She was willing to move to a new country for you, but you don’t seem to be on the same page when it comes to making that “sacrifice” for her?

Oh but he is (was) willing to make the sacrifice of moving countries. 

 

He just isn't willing to also sacrifice their financial stability.  Especially as it doesn't seem as if she would be of any help with maintaining or restoring the family's finances after the move.

[Boiler 46,109]

Best solution would be for her to go ahead get things sorted,, get a job etc and he can then follow.

[SCOREAU 36]

4 minutes ago, RLA said:

Oh but he is (was) willing to make the sacrifice of moving countries. 

 

He just isn't willing to also sacrifice their financial stability.  Especially as it doesn't seem as if she would be of any help with maintaining or restoring the family's finances after the move.

Look, all the advice I've received is appreciated. If I had been the one who moved countries, having a student debt and phone calls most days, living at home, working a menial job to make ends meet, and I had the chance to move abroad, bring our child up with financial stability, and no money worries, it would be tempting. Without the debt, I would have jumped at it. I'm too sensible, unfortunately, and not willing to expose myself and my wife to it - even though she's genuinely unfazed by the prospect. She doesn't even know how much it was originally#$$#$.

[SCOREAU 36]

2 hours ago, SCOREAU said:

We decided to pursue it to the end and see what happens. At least we'll know I tried. Better to have tried and lost than to have wondered what if.

Tbh, I'm only carrying on to show the cracks in it. The money will be well-spent! I have done all the preparation singlehandedly, and basically sponsoring myself! Big lol.

On 6/10/2019 at 5:04 AM, databit said:

😨 You will NOT like this story, but here goes. Immigration status is actually irrelevant in this story. I have a personal family link to this event.

Happened in California. This will become important later.

 

Man had defaulted on his Federal student loan and was in payment arrearage. But then he got a steady job, and notified the Feds (as required for any change of income), and he began to have payments deducted (garnished) from his salary. 

 

Woman had perfect credit and a good job. They met and married. Since the couple's income was now combined, Man again notified the Feds, expecting that his payments would be higher. He was okay with that.

 

BUT THAT'S NOT WHAT HAPPENED!

 

Instead, Woman got a letter from the Feds saying that they would be garnishing HER salary, too, since the couple was living in a Community Property State, and therefore, their new income was joint income. To avoid embarrassment at her job, she paid off her husband's loan from her savings account. 

 

So YES, a new spouse CAN be held liable for the other spouse's debts in certain circumstances. 

 

 

Oh well. More reason.

[N-o-l-a 7,168]

2 hours ago, SCOREAU said:

Look, all the advice I've received is appreciated. If I had been the one who moved countries, having a student debt and phone calls most days, living at home, working a menial job to make ends meet, and I had the chance to move abroad, bring our child up with financial stability, and no money worries, it would be tempting. Without the debt, I would have jumped at it. I'm too sensible, unfortunately, and not willing to expose myself and my wife to it - even though she's genuinely unfazed by the prospect. She doesn't even know how much it was originally#$$#$.

 

She can find out the original amounts here: https://nslds.ed.gov/nslds/nslds_SA/

 

It lists all the reported student loans and what type they were, etc.

[HRQX 4,145]

2 hours ago, N-o-l-a said:

It lists all the reported student loans and what type they were, etc.

Some are not reported: https://studentloanhero.com/featured/how-to-use-the-nslds-to-find-your-student-loans-and-total-debt/

Quote

Keep in mind that any Parent PLUS Loans that were borrowed in your mom or dad’s name won’t appear in this space. The same goes for your private student loan debt if you have any.

 

[SCOREAU 36]

8 hours ago, N-o-l-a said:

That's useful. She can give her phone no. So they can start ringing her again.

 

8 hours ago, N-o-l-a said:

She can find out the original amounts here: https://nslds.ed.gov/nslds/nslds_SA/

 

It lists all the reported student loans and what type they were, etc.