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should he pay half the bill?

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janM

Member
Ohio
My son and his ex-girlfriend have a 2 year old boy. Since they never married, (until recently when she signed temporary custody to dad), she had sole custody. Last year, when the boy was in her care, she took him a couple of times to the hospital to be seen. It was likely something she could have called a doctor about, but I guess it was late at night and she didn't have a doctor close to where she was living (not sure why). She did not have insurance.
Although my son was working and had the boy under his health insurance while he had him every other week (informal arrangement, no court order), he did not give the hospital the insurance information. She had him that week, and took him in herself.
Now he has a collection agency after him, who convinced him that since he signed the birth certificate, he was responsible for half of the hospital bill. But my husband and I think that she alone is responsible for the whole thing, since she had sole custody (according to the court, or rather a lack of a court order of any kind).
I am wondering if they're going after him because she hasn't paid any of her half, she rarely works.
He has been off work for a while but is now working so he has told them he'll start making payments but should he have to?
I may have him call a lawyer for a free consultation, but I wondered if anyone here had an answer.
 


M

morning_angel

Guest
Collection agencies will pursue anyone that they think will pay the bill. That is their job and they will do it dilligently. If he has indicated that he will pay them, they will continue to pursue. The child is his, he is responsible for the bill also.

Why didn't/doesn't he turn the bill in to his insurance company? Even if he didn't take the child in to the hospital, if the child is on the insurance, they should have paid it. If it has been quite some time since the bill was incurred, they may refuse at this point. If the mother knowingly went out of the "region" covered by the insurance, she could be considered totally liable, however, since theirs was a verbal agreement, I'm not sure how applicable the laws are regarding that.

Bottom line, she probably <i>should</i> be liable for at least half the bill, however the collection agency has an agreement to pay from your son, which means to them, someone who is ABLE to pay, and they are NOT going to let him get away easiliy. At very best, he may be able to pursue the mother in court to recover half, but I wouldn't count on it!

Good Luck!
 

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