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  #1  
Old 03-10-2008, 11:32 PM
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Debt collection from a minor


What is the name of your state? TN

I have a question about a business trying to make a minor pay a bill. The non-custodial parent had eyeglass frames replaced without the custodial parents knowledge. The custodial parent received the bill which was in the minor son's name. Is this legal? Can the non-custodial parent be made liable for this bill? If so, what steps would have to be taken?
Thank you,
gracie
  #2  
Old 03-11-2008, 08:40 PM
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Location: Nashville,TN
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Quote:
Can the non-custodial parent be made liable for this bill?
What are the terms of the custody and divorce decree where the child is concerned ? Are BOTH parents liable for necessary medical care and support - or only the custodial parent.
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  #3  
Old 03-12-2008, 11:21 AM
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Debt collection from a minor


Quote:
Originally Posted by Ladynred View Post
What are the terms of the custody and divorce decree where the child is concerned ? Are BOTH parents liable for necessary medical care and support - or only the custodial parent.
We are waiting for the the new order to be finalized. But he has sole custody. So far, she have refused to pay child support and this goes to court again on Monday. She has said she would rather go to jail than to pay support. The order does not say anything about both parents or the custodial parent being liable for necessary medical care. She only has visitation. How can a minor be held liable for contracts or debts?
Thanks!
  #4  
Old 03-12-2008, 11:47 AM
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Quote:
Originally Posted by gracie99 View Post
She has said she would rather go to jail than to pay support.
She may well get her wish.

DC
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OP needs counseling...not a court house. --Zigner
  #5  
Old 03-12-2008, 07:45 PM
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Debt collection from a minor


Quote:
Originally Posted by debtcollector` View Post
She may well get her wish.

DC
There is an orange bar running across the page about 2 inches from the top. There are a number of useful links in that bar, but none more so than the SEARCH link.

Your question is not unusual. You are not a special and unique snowflake. Search - 99.9 percent of the time the answer is there.

I searched google.com and this site to no avail. That's why I posted my question to the forum so a professional with more experience could guide me in the right direction.

Thanks

Most of your questions can be answered at:
ftc.gov/os/statutes/fdcpa/fdcpact.htm
or at google.com
  #6  
Old 03-12-2008, 07:52 PM
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Location: Nashville,TN
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Quote:
The order does not say anything about both parents or the custodial parent being liable for necessary medical care.
In general though, BOTH parents are responsible for the care of a minor child, and that usually follows thru with custody arrangements.

Quote:
She only has visitation.
Doesn't mean she can't be held liable to pay for the kid's medical care.

Quote:
How can a minor be held liable for contracts or debts?
They can't. Contact the doctor's office and find out why they sent it in the child's name, usually they send notices to the parent who has legal responsibility or who is providing the health insurance. The kid can't be held liable for anything - the parent(s) are.

So, who's got the health insurance ? Who is listed by the doctor's office as the legally responsible adult ??

And I agree with DC, she may get her wish to go to jail. If she works, she'll have her wage attached, and for child support they can take a LOT more than the usual 25% for civil cases.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #7  
Old 03-12-2008, 08:35 PM
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Join Date: Mar 2005
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Debt collection from a minor


Quote:
Originally Posted by Ladynred View Post
In general though, BOTH parents are responsible for the care of a minor child, and that usually follows thru with custody arrangements.


Doesn't mean she can't be held liable to pay for the kid's medical care.

She insists she isn't responsible for anything and won't pay for anything.

They can't. Contact the doctor's office and find out why they sent it in the child's name, usually they send notices to the parent who has legal responsibility or who is providing the health insurance. The kid can't be held liable for anything - the parent(s) are.

So, who's got the health insurance ? Who is listed by the doctor's office as the legally responsible adult ??

There isn't any health insurance. She used to be listed as the responsible parent at this doctor's office. I don't believe it was changed. The office told my son she told them to put their son down as the responsible party. I can't believe they were dumb enough to do it.

And I agree with DC, she may get her wish to go to jail. If she works, she'll have her wage attached, and for child support they can take a LOT more than the usual 25% for civil cases.
I also agree. If she gets nasty with the judge Monday like we think she will, she may end up in jail then and there. She wouldn't pay support for her daughters, so she most likely won't pay for the boys. She'll quit work first. I didn't realize they could take more than the 25%.
Thanks
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