Are Parents Liable for Student Loans? Understanding the Financial Responsibilities (2024)

Parents are not liable for repaying federal student loans taken out by their child, even though families are required to list both the student's and parent's information when filling out the Free Application for Federal Student Aid (FAFSA). However, parents are liable for student loans that they co-sign, including private student loans. There’s also a type of federal student loan, called a parent PLUS loan, that holds parents responsible for repayment since it is taken out by parents in the first place.

Whether parents are liable for student loans depends on the type of loan. Federal student loans, parent PLUS loans, and private loans each have different terms regarding financial responsibility. Let’s look at each loan type in more detail.

Key Takeaways

  • Parents are not obligated to repay their child’s federal student loans, even though their information is required for the Free Application for Federal Student Aid (FAFSA).
  • Parents may be held responsible for student loan debt if they co-signed a private loan or took out a parent PLUS loan.
  • Open communication and financial planning between parents and students can help clarify responsibilities.

Federal Student Loans

Students who want to borrow for school with federal student loans start the process by filling out the Free Application for Federal Student Aid (FAFSA). This form helps the federal government, states, and institutions of higher education determine what kind of federal aid a student is eligible for and how much. Submitting the FAFSA is required if you want federal student loans.

Generally, parents are not liable for repaying federal student loans taken on by a student. This includes direct subsidized loans, direct unsubsidized loans, direct PLUS loans made to graduate or professional students, direct consolidation loans, and Perkins loans.

Parent PLUS Loans

Rules are a bit different for parent PLUS loans compared to other federal loans. These federal student loans are taken on by parents of dependent undergraduate students to cover the cost of higher education.

Unlike most federal student loans for students, parent PLUS loans require a credit check. The borrowing parent, not the student, is responsible for these loans and they can’t pass that responsibility onto the student when they graduate, according to the Consumer Financial Protection Bureau (CFPB).

Private Student Loans

With private student loans, financial responsibility lies with the person who took out the loans. For example, loans taken out by students on their own are the sole responsibility of the student when it comes to repayment.

Since private student loans require a credit check and often have strict requirements for approval, many students need a co-signer to get the funding they need. That's when parents can become liable for repaying student debt. If a student applies for private student loans with a parent as the co-signer, both the student and the parent are financially liable for repayment of the debt.

Pros and Cons of Co-Signing a Private Student Loan

Since many college students haven't established a credit history, having a parent co-sign is a fairly common practice. However, adding a co-signer to a loan has advantages and disadvantages for both the parent and the student.

Pros

  • Higher chance of approval

  • Potential for better loan terms

  • Shared responsibility

Cons

  • Potential for conflict

  • Parents could be made responsible for debt

  • Impact on parent's credit

Pros Explained

  • Higher chance of approval: Having a co-signer can help students with limited credit history borrow the money they need to pay for college.
  • Potential for better loan terms: Having a co-signer can mean qualifying for lower interest rates, which could lead to considerable financial savings over time.
  • Sharing responsibility: Parents who co-sign with their student can ensure shared responsibility for repayment, which they wouldn't have if they took out federal parent PLUS loans instead.

Cons Explained

  • Potential for conflict: Borrowing with someone else could easily lead to issues if the parties don't agree on who will make payments on the loan.
  • Parents could be made responsible for debt: If a student doesn't repay their student debt, even if they initially agreed to do so, this could leave parents fully responsible for repayment if they want to protect their credit score.
  • Impact on parent's credit: Late payments on private student loans can impact the credit scores of both parents and students. The loan will also appear on the parent's credit reports, which could impact their ability to borrow for other reasons.

Parental Financial Responsibility

There are no hard and fast rules when it comes to paying for higher education or sharing expenses. Some parents will want to help pay for school, either through saving for college with a 529 savings plan; covering tuition and fees out of pocket; or borrowing for school with federal student loans, private loans, or both.

Parents and students should discuss their expectations and ways they can both work toward a common goal of paying for a college education.

Legal Considerations

For federal student loans, legal consequences for nonpayment are the same for both students and parents who take out parent PLUS loans. For example, late payments can be reported to the credit bureaus and will lower the borrower’s credit score. The government can also collect on unpaid student loans through wage garnishment and seizure of tax refunds or government benefits checks.

Legal considerations for private student loans are the same. Private lenders may even sell your unpaid debt to a collection agency, and they may also try to take you to court.

Who Qualifies for the FAFSA?

Any student can fill out the Free Application for Federal Student Aid (FAFSA), which unlocks a range of financial aid options like scholarships, grants, work-study programs, and federal student loans. Both students and their parents need to include their financial and tax information on the FAFSA form, even if the parent doesn't plan to help with college expenses.

What Are the Interest Rates of a Direct PLUS Loan?

Interest rates for federal student loans are always fixed, but they do change for new loans originated from one year to the next. For direct loans disbursed on or after July 1, 2023, and before July 1, 2024, the rate for direct subsidized loans and direct unsubsidized loans (undergraduate) is 5.50%. For direct unsubsidized loans for graduate/professional students, the rate is 7.05%, and direct PLUS loans come with a fixed interest rate of 8.05%.

How Can I Take My Parents Off My Student Loans?

If your parent co-signed a private student loan, you can have their name removed by refinancing the loan on your own, if you can get approved. Some student loans also allow for a "co-signer release," which lets students release a co-signer of their financial responsibility for the debt after a set period of time.

The Bottom Line

Parents may or may not be on the hook for repaying student loans. It all depends on the loan type taken out and who ultimately signed the paperwork to borrow money. If a parent takes out a parent PLUS loan or co-signs on a private student loan, however, they’re legally responsible for repayment no matter how long it takes.

This is why families should have a plan when it comes to paying for college and repaying any resultant debt. Whether parents want to help cover the cost or believe their child should pay for college on their own, the sooner this important discussion takes place, the better.

Are Parents Liable for Student Loans? Understanding the Financial Responsibilities (2024)

FAQs

Are parents responsible for student loans? ›

Key Takeaways. Parents are not obligated to repay their child's federal student loans, even though their information is required for the Free Application for Federal Student Aid (FAFSA). Parents may be held responsible for student loan debt if they co-signed a private loan or took out a parent PLUS loan.

Who is financially responsible for a parent loan? ›

Parent PLUS loans are the financial responsibility of the parents, not the student. If the student agrees to make payments on the PLUS loan, but fails to make the payments on time, the parents will be held responsible.

Is the parent PLUS loan the student liable? ›

Key Takeaways

PLUS loans are federal loans that parents can take out to cover their child's college costs. The parent, not the student, is responsible for repaying the PLUS loan. PLUS loans don't qualify for all of the income-driven repayment (IDR) plans that student loans do.

Who is responsible for paying back student loans? ›

You repay your Direct Loan(s) to the U.S. Department of Education via a Servicer they assign to you. Before you take out a loan, it's important to understand that a loan is a legal obligation that you will be responsible for repaying with interest.

Do children inherit their parents student loan debt? ›

You can't inherit student loan debt

In general, student loan debt is not inheritable and does not transfer to a spouse, child, or other loved one upon the borrower's death. The only exception is if the loan was cosigned. In that case, the cosigner may find themselves responsible for repaying what's left.

Am I responsible for my parents loan? ›

You are not responsible for your parents' debt. This is true regardless of whether you inherit assets under their estate.

Who is ultimately responsible for paying back a parent PLUS loan, you or your parents? ›

A Direct PLUS Loan made to you as a parent cannot be transferred to your child. You are responsible for repaying the loan. Can I ever postpone making loan payments? Yes, under certain circ*mstances you may receive a deferment or forbearance, which allows you to temporarily stop or lower your payments.

What happens if you don't pay a parent PLUS loan? ›

Defaulting on a Parent PLUS Loan can lead to serious consequences, including wage garnishment, credit score damage, and the loss of federal benefits. But you can recover through loan rehabilitation or consolidation with the U.S. Department of Education.

Are parent PLUS loans forgiven after 10 years? ›

Parent PLUS loans can potentially be forgiven after 10 years under specific conditions, such as through the Public Service Loan Forgiveness (PSLF) program after consolidation into a direct consolidation loan. Parent borrowers must enroll in the Income-Contingent Repayment (ICR) plan to qualify for PSLF.

Who actually owns student loan debt? ›

Federal student loans are owned by the U.S. Department of Education while private student loans are owned by the financial institution that granted them.

Who is legally obligated to pay a student loan? ›

Most private student loans require co-signers — such as a parent or guardian. A co-signer helps in many ways — mainly by increasing the chances of getting the loan and by scoring a lower interest rate. But the co-signer is also responsible if the student is unable to repay the loan.

Do student loans go away after 7 years? ›

Student loans don't go away after seven years. There is no program for loan forgiveness or cancellation after seven years. But if you recently checked your credit report and wondered, “why did my student loans disappear?” The answer is that you have defaulted student loans.

Can my child get a student loan on their own? ›

College students can get student loans in several ways without a parent or cosigner. These include federal student loans, increasing federal student loan limits by qualifying as an independent student, getting a private student loan with someone other than the parent as a cosigner, and tuition installment plans.

Will student loans be forgiven for parents? ›

Many parents struggling to repay student loan debt can qualify for loan forgiveness. A federal parent PLUS loan may be eligible for forgiveness through an income-contingent repayment plan or the Public Service Loan Forgiveness (PSLF) program. There are also options for parents that take out loans from private lenders.

Can my husband be held responsible for my student loans? ›

California is one of the few states that follow community property laws, which contend that all assets and debts acquired by either spouse during the marriage are considered "community property," subject to equal division upon divorce.

Will my student loans affect my child? ›

If you're a parent with student loan debt, you may be wondering if this could affect your child's financial aid eligibility. The majority of federal student aid is not contingent on student or parent credit history, including any federal student loan debt the parents may have.

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