You spouse certainly can raise the argument that she is not legally responsible for your student loans, and the privacy laws in place do protect her and her personal/financial information. Since she is not indebted to them, she can deny the disclosure of her personal information.

 

However the system would respond to that it would be quite interesting to read. I could easily see their response as being: "well, since you are not forthcoming with disclosure of your total household income, we cannot make an assessment to determine any affordable repayment benefits. Therefore, your minimum payment due is (an outrageous amount) and that is that."

 

I have raised this discussion with a number of people over the last couple of years. It is really difficult to say what an outcome will be unless this avenue is pursued.

 

The problem (on top of the many others) is the overlapping laws. The CSLA mandates disclosure of total household income regardless if the spouse is willing to provide it. The privacy law protects people and says that you do not have to disclose private or personal information. Which law supercedes the other. The danger here appears to be somewhat descriminatory here since you (student loan borrower) may be punished financially with long-term hardship and effect, simply because "of the law"

 

In my opinion, a student loan belongs to it's borrower. It does not belong to anyone else, unless it is endosed or co-signed. It's just the government's way of siphoning more money to fuel their machines. Simply put. Broken system. I have been saying and demonstrating it for years.