Dixon & Moseley | Attorneys At Law

Call For A Consultation: 317-350-4108

  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
    • Criminal Law
    • Appellate Practice
    • General Practice
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online
Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
      • Indiana Criminal Appeals Lawyer
      • Indiana DUI Lawyer
      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
      • Petition For Rehearing
      • Interlocutory Appeals
      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
      • Business Law
      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online

 317-350-4108

The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

  1. Home
  2.  | 
  3. Child Support
  4.  | 
  5. Divorce and the Parent’s Liability as Co-Signers on Child’s Student Loans

Divorce and the Parent’s Liability as Co-Signers on Child’s Student Loans

On Behalf of Dixon & Moseley, P.C. | Oct 10, 2013 | Child Support, Divorce, Family Law

A recently decided case in Indiana addressed an issue often not considered in divorce proceedings, namely, if one or both of the parties (Husband and/or Wife) have co-signed on a loan, is that a debt of the marriage?

First, a co-signer is generally not liable until the borrower actually defaults on the loan. This is done as a guarantee to the lending institution if the borrower does not have a solid credit history (either because of debts defaulted on or the borrower is young and does not have established credit yet). The most common occurrences are co-signing on a car, apartment, or student loans.

Clearly parents want to help their children be able to go to college, in most cases, and will often co-sign on a student loan. The student, or child, will generally not start paying on the loan for several years, as most do not require a payment while enrolled in school, and then payments can stretch from 10 to 25 years in some cases. Thus, if a parent co-signs, his or her potential liability on that debt lasts for a number of years.

As has been discussed in prior blogs, all debts and assets of a marriage must be divided by the trial court during a divorce proceeding1.

In Lutrell v. Lutrell, the Court of Appeals addressed the question of if the parents do not have a present duty to make payments on student loans they have co-signed on, is this a debt of the marriage subject to division2? The Court of Appeals answered, yes.

The Court of Appeals recognized that the children had not yet defaulted on their student loans, nor were the student loans even in re-payment. However, the fact that the parent or parent had co-signed meant that if at some point in the future the child did default on the loan, the parent or parents would be liable for the debt. Thus, the Court of Appeals held that the trial court must determine, if the co-signers are ever called on to satisfy the debt, which party is responsible, either Husband or Wife (or both and what % each is liable for). The Court of Appeals reasoned that this was the trial court’s duty to determine because “[w]hile it is possible that neither [Husband] or [Wife] will be called upon to make good on their promise to repay the loans, at the same time, their names cannot be removed from the loans.”

We hope that this blog post has been helpful in understanding how being a co-signer on a loan is an issue that should be addressed in a divorce action. Every case is different, and it is recommended that you consult an attorney to determine the best course of action to achieve your goals in your specific case. Dixon & Moseley, P.C. practices throughout the state of Indiana. This blog post was written by attorney, Lori Schmeltzer.

  • I.C. § 31-15-7-4
  • Lutrell v. Lutrell, __ N.E.2d __ (Ind.Ct.App.2013)
  • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 6, 2026 | Appellate Practice

    An Indiana appellate lawyer's guide to Notices of Appeal, Indiana Appellate Rule 9, filing deadlines, and the first step in the appellate process. Quick Answer: What Is a Notice of Appeal in Indiana? A Notice of Appeal is the document that formally starts an appeal in...

    What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    « Older Entries

    Recent Posts

    • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)
    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    Archives

    Categories

    RSS Feed

    Subscribe To This Blog’s Feed

    Reach Out Now For A Confidential Consultation

    Dixon & Moseley | Attorneys At Law

    Office Address

    50 East 91st Street
    Suite 200
    Indianapolis, IN 46240

      Indianapolis Law Office

    Phone Number

    317-350-4108

    • Follow
    • Follow

    © 2026 Dixon & Moseley, P.C. • All Rights Reserved

    Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

    Review Us
    Pay Online