Can a Parent Commit Student Loan Fraud by Taking Out Loans in Your Name in Washington?

What Counts as Student Loan Fraud in Washington?

Under RCW § 9.35.020, Washington's identity theft statute, it is a class B felony when someone knowingly uses another person's identifying information — including Social Security numbers and financial account credentials — to obtain credit, money, or anything of value without authorization. If your father used your FAFSA login to take out federal student loans beyond what you understood or approved, this could meet that threshold.

According to the Federal Trade Commission, nearly 14% of all identity theft complaints involve a family member, and parent-child financial fraud is one of the most underreported categories. The Department of Education's Office of Inspector General received over 7,500 complaints related to student aid fraud in recent years.

How Does This Intersect With Family Financial Obligations?

While Washington has no specific statute requiring parents to fund a child's college education after age 18, the situation changes if your parents went through or are going through a divorce. Under RCW § 26.19.090, Washington courts can order post-secondary educational support as part of a child support order. If a divorce decree required your father to cover tuition, and he instead took out loans in your name while representing to the court that he was paying directly, this compounds the problem significantly.

Understanding Washington's financial planning landscape during family transitions is critical here, because obligations established in divorce proceedings are enforceable court orders — violating them can result in contempt findings.

What Steps Should You Take Right Now?

1. Pull Your Full Credit Report

Request free reports from all three bureaus at AnnualCreditReport.com. Document every loan you did not knowingly authorize. According to the Consumer Financial Protection Bureau, the average student loan debt for medical students exceeds $200,000, so unauthorized borrowing in this context can be financially devastating.

2. Secure Your FAFSA and Financial Accounts

Change all passwords immediately. Contact your school's financial aid office to flag your account and request a history of all loan disbursements. Ask where funds were sent — if money went to accounts you don't control, that is a significant red flag.

3. File an Identity Theft Report

Under RCW § 9.35.030, victims of identity theft can file a police report and request that fraudulent debts be investigated. You can also file with the FTC at IdentityTheft.gov, which generates a recovery plan.

4. Consult an Attorney

This situation likely requires both a consumer protection attorney and potentially a family law attorney if your parents are divorced or divorcing and financial obligations were court-ordered. An attorney can help you understand whether loan discharge through fraud documentation is possible and whether civil action against your father is warranted.

Review our Washington divorce checklist if your parents' separation is relevant, and consult Washington state divorce statutes for the specific support obligations that may apply.

Can You Dispute the Loans?

Federal student loans taken out fraudulently can potentially be discharged through the Department of Education's identity theft discharge process. You'll need a police report, an FTC Identity Theft Report, and documentation showing you did not authorize the borrowing. Private loans follow different rules and may require civil litigation.

For broader context on how financial planning intersects with family law in Washington, including how courts handle financial misconduct between family members, speaking with a qualified professional is essential. You can also explore answers to similar questions on our Divorce Questions hub.

This is not legal advice. Given the potential criminal and civil dimensions of your situation, consulting a licensed attorney in Washington is strongly recommended.