Ex wife not paying child's medical bills

[Dedemiller]

What is the name of your state (only U.S. law)? Indiana

Hello. My ex wife allowed a hospital co-pay (for my 15 yr. old daughter) to go into collections in my name. I carry the insurance for my daughter. I found out about it 5 months after the hospital visit, when I got the notice from collections. The hospital kept sending the bill to her house (as they should) but they had it addressed to me. I was never even made aware that my daughter was admitted to the ER. Our divorce decree states that the mother will be responsible for, pay and document all uninsured medical expenses up to 6% ($854.00) After which then the father pays 70%, mother pays 30%. After she pays her 6%, she has 14 days to give me the statements so I can pay my portion. Here's what I need to know. Is my ex wife still responsible for this bill, even though my 26 yr. old daughter (who also lives with my ex wife) was the one who "signed her in" to the ER? My ex was out of state (I didn't know that either). I mean, she's still legally responsible as the custodial parent, correct? So either the hospital just used my name to send the bill because I'm the insurance carrier and they sent it to my old house (hers) because that is the address in the hospital system for my name. ?? I'm not sure how it got screwed up, but it is definitely not my bill. Will this stand up in small claims court?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Indiana

Hello. My ex wife allowed a hospital co-pay (for my 15 yr. old daughter) to go into collections in my name. I carry the insurance for my daughter. I found out about it 5 months after the hospital visit, when I got the notice from collections. The hospital kept sending the bill to her house (as they should) but they had it addressed to me. I was never even made aware that my daughter was admitted to the ER. Our divorce decree states that the mother will be responsible for, pay and document all uninsured medical expenses up to 6% ($854.00) After which then the father pays 70%, mother pays 30%. After she pays her 6%, she has 14 days to give me the statements so I can pay my portion. Here's what I need to know. Is my ex wife still responsible for this bill, even though my 26 yr. old daughter (who also lives with my ex wife) was the one who "signed her in" to the ER? My ex was out of state (I didn't know that either). I mean, she's still legally responsible as the custodial parent, correct? So either the hospital just used my name to send the bill because I'm the insurance carrier and they sent it to my old house (hers) because that is the address in the hospital system for my name. ?? I'm not sure how it got screwed up, but it is definitely not my bill. Will this stand up in small claims court?

She is responsible per the divorce decree. Didn't you get anything from insurance (such as an EOB) regarding this bill? How often do you talk to your daughter? And yes, it is your bill quite frankly because it is about your child. A hospital is NOT a party to your divorce decree.

 

[Dedemiller]

She is responsible per the divorce decree. Didn't you get anything from insurance (such as an EOB) regarding this bill? How often do you talk to your daughter? And yes, it is your bill quite frankly because it is about your child. A hospital is NOT a party to your divorce decree.

No we did not receive anything by mail from insurance. The EOB is online, but for some reason I am not able to view it like the others. I see my daughter every other weekend and Tuesdays. She is instructed by her mother not to tell me things, not to talk about stuff. I found out 3 months later that she was taken to the ER due to an alleged rape (proven not to be), but that is the kind of ex I am dealing with.
Sorry I didn't mean to say it's not my bill, I just meant that this shouldn't have gone to collections in my name. I guess I will take this to my divorce lawyer since she is in contempt of the divorce decree. Thank you for your response.

 

[Zigner]

It sounds to me like the party who took your minor child to the hospital passed on your information. Since you are the provider of the insurance, that's actually a reasonable thing to do. You need to pay the bill and then seek reimbursement from the ex for the portion she should have paid.

 

[Dedemiller]

It sounds to me like the party who took your minor child to the hospital passed on your information. Since you are the provider of the insurance, that's actually a reasonable thing to do. You need to pay the bill and then seek reimbursement from the ex for the portion she should have paid.

Yes I plan to pay it, then hand it over to my lawyer. I guess what ticks me off is that she knows it was her part to pay, but she doesn't give a damn. I have asked her twice, nicely, to get it paid. Oh yeh, I'll get that paid she says. Nope. The second time I asked her about it, she said, "I think you should pay for 1/2 of our daughters softball gear". I mean seriously? Sorry, the $600 a month is plenty I do believe. I'm not court ordered to pay anything besides my support amount, so I will just see her in court. Last week my daughter told me that her and her mother went and got there nails done, $40 each. Hell, that would have paid the bill.

 

[LdiJ]

Yes I plan to pay it, then hand it over to my lawyer. I guess what ticks me off is that she knows it was her part to pay, but she doesn't give a damn. I have asked her twice, nicely, to get it paid. Oh yeh, I'll get that paid she says. Nope. The second time I asked her about it, she said, "I think you should pay for 1/2 of our daughters softball gear". I mean seriously? Sorry, the $600 a month is plenty I do believe. I'm not court ordered to pay anything besides my support amount, so I will just see her in court. Last week my daughter told me that her and her mother went and got there nails done, $40 each. Hell, that would have paid the bill.

Don't even go there dad. I can guarantee that going there will just tick off a judge. Also, be very careful about spending 1200.00 on an attorney to deal with an 80.00 medical bill. At least wait until you have enough to make the attorney worthwhile.

Also, if softball is a big part of your daughter's life its possible that you could end up ordered to pay 1/2 of the gear. Child support and those kinds of matters are fluid and changeable if circumstances change or incomes change.

 

[Dedemiller]

Don't even go there dad. I can guarantee that going there will just tick off a judge. Also, be very careful about spending 1200.00 on an attorney to deal with an 80.00 medical bill. At least wait until you have enough to make the attorney worthwhile.

Also, if softball is a big part of your daughter's life its possible that you could end up ordered to pay 1/2 of the gear. Child support and those kinds of matters are fluid and changeable if circumstances change or incomes change.

I'm not sure you understand my situation. My support was based on straight overtime pay, not my base pay and overtime was not guaranteed. That overtime ended for good, 6 months later. I can barely pay my own bills, let alone pay bills that by a court order are hers to pay. I have a family to support also, with medical bills. She will continue to do this, run my credit into the ground, because she doesn't give a damn. If she is not held responsible and shown that I am not going to be walked over, it will continue for the next 4 years. She tried to pull this stunt during our separation, with her own medical bills. Fortunately for me, it was stated in the preliminary agreement that I was to keep insurance on her, but she was responsible for her own medical bills. I'm talking thousands of dollars here. My lawyer took care of that with the stroke of a pen.

 

[HRZ]

OP..to the extent that Mom failed to follow the order ...you address that to your attorney. ...and it reads like Mom skipped at least two mandatory steps.

IF your pay has been reduced it's up to you to seek a modification of support ...ask your attorney .

ITs unwise to have incorrect billing information out there with others . I don't blame hospital for what is essentially your debate with Ex .

I think the more practical answer is that you get the co pay resolved with the hospital ...and then you go back after Mom for violation of the order and seek attorney costs as part of the sanctions . At least as posted , this was not a simple mistake which Mom quickly " cured "

OP use counsel..some of your commments are deadly if uttered in wrong place ....

 

[Zigner]

Our divorce decree states that the mother will be responsible for, pay and document all uninsured medical expenses up to 6% ($854.00) After which then the father pays 70%, mother pays 30%. After she pays her 6%, she has 14 days to give me the statements so I can pay my portion.

If this is EXACTLY what your order says, then your ex may have found a loophole. A copay is not an "uninsured medical expense".

 

[LdiJ]

I'm not sure you understand my situation. My support was based on straight overtime pay, not my base pay and overtime was not guaranteed. That overtime ended for good, 6 months later. I can barely pay my own bills, let alone pay bills that by a court order are hers to pay. I have a family to support also, with medical bills. She will continue to do this, run my credit into the ground, because she doesn't give a damn. If she is not held responsible and shown that I am not going to be walked over, it will continue for the next 4 years. She tried to pull this stunt during our separation, with her own medical bills. Fortunately for me, it was stated in the preliminary agreement that I was to keep insurance on her, but she was responsible for her own medical bills. I'm talking thousands of dollars here. My lawyer took care of that with the stroke of a pen.

Dad, I understand your situation just fine. I am telling you not to say the kind of things that I bolded, as that will only come back to hurt you.

Also, 600.00 for one child is not a high child support amount at all.

 

[HRZ]

If this is EXACTLY what your order says, then your ex may have found a loophole. A copay is not an "uninsured medical expense".

OucH ..but a valid point to,check with your attorney!!!

 

[HRZ]

PS I can find the opposite definition as well...but that doesn't count ....confirm it with your attorney.