If you default on your student loans, your wages can be garnished, your Social Security benefits can be reduced, and a range of other consequences can come into play. Generally speaking, up to 15% of your Social Security income can be garnished through a process called Treasury offset.
Without going into the full details on discretionary income calculations, borrowers who live on social security and have no other income will likely qualify for a $0 per month payment. However, there is a catch with Parent PLUS loans: they are not directly eligible for any federal income-driven repayment plans.
The Education Department doesn't forgive loan balances for parents when they retire. It will keep sending bills and adding interest until you pay off the debt, die or become totally and permanently disabled, or qualify for one of the department's student loan forgiveness programs.
Parent Plus loans are legally the responsibility of the parent who took them out. It is their income that is used for IDR plans, it is their credit that can be impacted, it is their wages that can be garnished. So you have no legal responsibility to pay these loans.
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.
Federal Debts: If you owe money to the federal government, your Social Security benefits can be garnished. This includes debts such as: Unpaid Federal Taxes: The IRS can garnish your Social Security benefits to recover unpaid federal taxes. This process is known as the Federal Payment Levy Program (FPLP).
How to Use the Double Consolidation Loophole: The key to using the double consolidation loophole is to consolidate each of your Parent PLUS Loans twice. In this scenario, a borrower can have as few as two Parent PLUS Loans.
This repayment plan leads to loan forgiveness after 25 years under normal conditions, but borrowers pursuing PSLF could have remaining debt forgiven after 10 years (if you still have a balance left). Also note that monthly payments on the ICR plan are not capped, so there's no limit on how high they can go.
Your parent PLUS loan may be discharged if you (not the child) become totally and permanently disabled, die, or (in some cases) file for bankruptcy. Your parent PLUS loan also may be discharged if the student for whom you borrowed dies.
If you're a parent or graduate student seeking a Direct PLUS Loan, one of the requirements to qualify is that you must not have an adverse credit history. If your application is denied because of an adverse credit history, don't give up. You still have options.
Are student loans forgiven when you retire? No, the federal government doesn't forgive student loans at age 50, 65, or when borrowers retire and start drawing Social Security benefits. So, for example, you'll still owe Parent PLUS Loans, FFEL Loans, and Direct Loans after you retire.
What Are Some Reasons to Avoid PLUS Loans? First, PLUS loans have no automatic grace period. Then there's the fact they aren't eligible for most IDR plans. Then, borrowing too much is easy to do, and finally, they're nearly impossible to get out of, even in bankruptcy.
After at least 20 years of student loan payments under an income-driven repayment plan — IDR forgiveness and 20-year student loan forgiveness. After 25 years if you borrowed loans for graduate school — 25-year federal loan forgiveness.
You have the following options to avoid garnishment of 15% of your disposable pay: Pay the balance in full, or negotiate a settlement in full, of all the debts included in the garnishment.
There are different types of Social Security, including retirement, disability, and dependent's and survivors' benefits. If your Social Security is taxable, the payments count as income for purposes of an IDR.
If you can't pay off the loan immediately, you have two options: rehabilitation and consolidation . Rehabilitation: After 9 months of reasonable payments (based on your income), your loan will be in good standing. Rehabilitation removes the default note from your credit report.
If a borrower dies, their federal student loans are discharged after the required proof of death is submitted. The borrower's family is not responsible for repaying the loans. A parent PLUS loan is discharged if the parent dies or if the student on whose behalf a parent obtained the loan dies.
On August 24, 2022, Joe Biden announced a sweeping federal student loan forgiveness order, in which Parent PLUS Loans are included in. The plan attempted to forgive $10,000 for everyone and up to $20,000 for those who were approved for the federal Pell Grant program when they borrowed student loans.
If approved, the student can pay off the Parent PLUS loan with their new loan and begin making payments on the new loan. Transferring a Parent PLUS loan to a student involves refinancing through a private lender. The student must apply for a new loan to pay off the Parent PLUS loan.
The $100,000 Loophole.
With a larger below-market loan, the $100,000 loophole can save you from unwanted tax results. To qualify for this loophole, all outstanding loans between you and the borrower must aggregate to $100,000 or less.
Refinancing. If you have good credit and enough household income to qualify, you may also be able to refinance your Parent PLUS loan to a lower interest rate through a private lender, which can potentially save you money.
Therefore, because their income is protected from debt collection, seniors do not need to worry about losing any of their monthly income to debt collector garnishment. Concern about losing monthly retirement income to garnishment by a debt collector should not be a reason to file a bankruptcy.
Bank accounts solely for government benefits
Federal law ensures that creditors cannot touch certain federal benefits, such as Social Security funds and veterans' benefits. If you're receiving these benefits, they would be exempt from garnishment.
Beware: The government can take up to 15% of your Social Security income if you default on federal student loans.