Can a Person Still Get a Grant or Student Loan Even If They Have a Lien For Child Support?
Having a child support lien does not bar you from being eligible for a grant or a student loan. The real question is if you can enforce your child support claim against the money that a person receives from a grant such as a pell grant or student loan.
By law, child support lien can be enforced against non exempt property that is owned by the obligatory. The next question obviously is what constitutes non exempt property? Non exempt property could be anything from bank accounts to cars, bikes, boats, real estate such as land that could be sold to pay for the debts owed.
Can Child Support Take My Student Loans
There are conflicting views on this and it’s best to consult legal help regarding this. However as one of our readers(Drew) just commentated, the money you receive from a student loan is not considered as income and therefore cannot be considered.
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what i need to know is i just started college and owe sum back child support im hoping they dont take that my student aid and grant money will somebody answer the question please.
THAT A BIG NO!! as much as the money grubbin moochers would like that, it’s not considered income. It’s a loan that ultimately has to be repaid.
Rocha v. Rocha, 80 Cal. Rptr. 2d 376 (Ct. App. 1998).
A California appellate court held student loans are not considered income for purposes of assessing child support.
Here, a couple with two children divorced and the husband entered law school. He obtained student loans, which were $9,000 more than his actual school expenses. The wife filed an order to show cause regarding an increase in child support payments from the husband. The trial court ordered an increase and included as income loans received in excess of actual school expenses.
Reversing, the appellate court noted that the items listed as income in CAL. FAi. CODE (sec)4058 represent a form of income where there is no expectation of repayment or reimbursement. Addressing an issue of first impression for the jurisdiction, the court cited case law holding that loans do not qualify as income for purposes of child support because they have to be repaid. Here, the student loan was subject to repayment. Therefore, the court concluded the loan could not be considered income for purposes of assessing the father’s child support obligation. Accordingly, the court remanded for reconsideration of child support with directions to delete living expenses derived from a student loan as income.