collection agencys

I'm in south carolina, a collection agency in ohio wants me to pay a bill my ex wife created for a hospital bill on my daughter that should of been turned in to my insurance company from 1998 I can not submit it now becuase the ex never got the referral from my daughters dr.which is needed under an hmo(this is the first I ever heard of this bill) but wasn't turned in due to the ex's negligents,I'm I responsible for a bill that is in my ex wife name?
Thanks

Possibly...check to see if you live in a
'community property' state or not. If you do live
in a 'community property' state....yes it is
possible they can go after you for a bill your
wife created.

Would it really matter if I'm in a community property state if she is my ex wife and was at the time the bill was created? And which state are you refreeing to her's or mine?
I live in SC at the time this took place,she's in ohio thats where then bill was created. Is there a statue of limitations on this?It has been nearly 3 years now.Thanks

If you lived in a community property state AND were married at the time the bill was created, then it is possible the collection agency to go after you for your wife's bill.
If you live in a community property state but were completely divorced at the time the bill was created, then I do not believe the colelction agency can hold you responsbile.
If you were married and signed a contract with your wife for a bill, even after the divorced, it may be possible to hold you liable for the debt.
Ask the collection agency for a copy of the contract/promissary note underlying this debt. When you get a copy of the contract, make sure your signature and name is not on there. If your signature and name is not on the contract and you were completely divorced then at the time of the creation of the contract (review the date carefully) then if is doubtful the collection agency would have a leg to stand on if they took you to court.
If you were married or a cosigner on the contract or signed the contract....even if you are divorced.....then it is possible the collection agency to legally hold you responsbile for the debt even though the debt was created after the divorce because the original contract was created at the time you were married/cosigner/your signature.

In any case...your first step in your defense is to get a copy of the contract underlying their claim and you can see where to go from there.
It's hard to say alot specifically without seeing the actual contract.

Even though your and your wife are divorced, you both still have an obligation to your daughter (if she's under 18) and that's probaly why the collection agency is going after you too. What does the divorce agreement say about who supplies the medical needs of your daughter?

The bill isn't really in your exwife's name. Rather the bill is probably in your daughter's name with both your ex-wife and you listed as the father/mother/responsbile parties.

It is possible you may have to pay the medical bill and go after your wife in small claims/civil court (which I realise would be hard becuase your wife lives in another state)
Without a specific divorced agreement, I believe a court would hold both you and your exwife responsbile for your daughter's medical bills (despite your exwife's stupidity)

Thanks for your replies.I have obtained a copy of the hospital bill and there is no where mentioned my name,its is billed to the ex's address and down where it say insured it has her name and her place of employment.no where does it mention my name or father.We were divorced at the time for sure.Our divorce agreement does state that I have to carry the health insurance but that we are both libel for half of any uncovered med.bills.The way I see it since she did not offer this med.insurance to the hospital that I am libel for half the cost to her and not the collection agency since the bill is in HER name and my daughter listed as the patienced.
Any comment on this?
Thanks

Observe the following facts:

1. As per the divorce agreement, both you and your exwife are responsbile for your daughter's medical bills.
2. Each of you is liable for half of any uncovered medical bills on behalf of your daughter.
3. The hospital has a balance due under your daughter's name that both you and your exwife are each liable for half.
4. The hospital can legally transfer the balance due to them on their account to a collection agency.
5. Therefore, since both you and your exwife need to pay 1/2 the balance due and the balance due has been legally transferred to a collection agency under the law, it would seem to be that both you and your exwife are liable for 1/2 of the balance due with the collection agency. (which reflects your daughter's medical bill)
6. As per your divorce agreement, you're both liable for the medical balance due and unless your exwife has paid off the collection agency balance in full, then send a check for 1/2 the balance due and this would comply with your half needed under the law/divorce agreement.
7. The collection agency could theoretically get a copy of your divorce agreement (public records filed with court) and sue you for 1/2 the balance due. (so I would not recommend sending a check directly to your exwife for your half)
8. If you send a check to your exwife for your half and she doesn't pay the collection agency, I'm concerned the collection agency could say in court "we never got any money on the account at all and under the law it's your responsbility to see to it that the 1/2 of the bill paid from you." "you will have to pay us your 1/2 as required under law and then go after your exwife for the check amount you previously sent her....but under the law/divorce agreement....you owe us some money"

Thanks you have been helpful,I'll wait and see what the collection agency does now I have not heard from them since the 1st phone call from them, at that time I requested that they send me the hospital bill before they get any monies from me but they would not do this however I still have not received any thing in the mail or heard from them via phone.I would never send the ex any money on this but I am fully willing to pay my share but its plain to me the ex is not since she's the one that gave the agency my phone #.What a B*tch.
Thanks again for your help.

i filed insurance claims in tennessee for two years for a hospital. in our state, if a child is under age and seeks medical care, the parent responsible legally for the child has to pay the bill. if you were not legally divorced at the time of service or if you have joint custody of the child you are responsible. most insurance forms and hospital forms have a section to fill out where it states, in case of insurance default, who is responsible for this bill. your ex wife may have put your name on it. legally in our state,you can state your spouse's name on the form as being responsible for the bill if only that person works, or if the insurance is in that person's name. who's name was the insurance in? were you the only parent at the time who was working?

We were divorced at the time she had(not now)legal custody at the time,there is no where on the bill that has my name,where it says insured it has her name,she did not give the hospital any insurance info at the time or after the fact,but our divorce ageement states that i have to carry insurance and that we both are libel for half of anything that is not covered,however since she was negligent in not giving the hospital the insurance info I guess if the collection agency wants they can force me to pay half the bill all though i dont fill I should be libel for her being STUPID.
Thanks for your reply.

If you request it, the collection agency should mail to you validation of the bill. The collection agency simply saying you owe us is not sufficient. Collection agencies have to go under very strict laws entitled FDCPA or fair debt collection practices act. If you want, you may actually see these laws by going to [url]http://www.ftc.gov[/url] then go to bottom of the page and click on search....then click on full web site and put 'fair debt collection practices act' in the search box....then go down to #15 for FDCPA laws.