In need of suggestions...

[HartbrokN]

Hi, I'm fairly new to this, but in need of some advice.
I'm the father of 2 children that I don't get to see. I have paid
CS since day 1, and provide medical insurance, etc.
I had been reading some of the posts, and one about medical bills
for the children caught my attention. My ex, (never married) has
taken the kids to many doctor/dentist appointments without my
knowledge. She had been putting my name on the bills as "guarantor" with her home address. I have never received one
bill,or even heard of any until collections started calling my home.
In the CS court order, she is to provide me with copies of all medical bills, within 30 days prior to payment due date. I have never gotten not one copy. Some of the bills date back to 1998, when my daughter was a year old. My question is: how do I prove she has never sent, or even communicated these medical bills? I had to go to the hospitals and doc's offices to get copies, just to find out what they were for. They total almost $9,000. and are on my credit report. If anyone knows about ("latches") or anything to help me I would appreciate it.

 

[kat1963]

This was a little trick that bio played on DH and he didn't know any better ...and well to be honest, until I looked into it, I didn't either after paying thousands of doctors bills to get it off his credit report so we could purchase a home. Since it is in collections the first thing you need to do is to have send registered letters to the collection agencies requesting that they "Validate" their actions. You can find out alot of information including copies of letters you can send to them here: Fair Credit
Do NOT pay these bills. Read the above website to better understand your rights. It really doesn't go to much into if you didn't sign, but the same proceedures pretty much apply now that it is in collections. I have found that disputing these inaccurate, bogus, b.s. bills on ones credit report on line is just as effective as doing so in writting (with the 3 major Credit Agencies...note, NOT the collection agencies, do those in writting ASAP). It costs a little to get a copy of your report on line, but you can punch them all out in a matter of hours.
It wouldn't matter if there was a court order saying you were to pay 100% of the medical bills. The doctors contract is with your EX NOT YOU. You did NOT sign for treatment, you did NOT agree to pay.
I'd also shoot her a letter stating these facts. Let her know that what she is doing could possibly be considered forgery and fraud and will be handled by the appropriate legal authorities and or court action if it is to continue. On the back of the medical cards I send to the biotroll I put in that "DH is responsible for medical insurance only and will not be responsible to the provider for office visits and/or co-pays".....our bio thinks she is above the law. It still hasn't stopped her. It could be that your bio just doesn't know any better.
Good Luck.
KAT

 

[ktarra617]

the above post is correct. because YOU did not take the child in to the doctor and sign for treatment you cannot be held responsible to pay them. And don't buy their line that they bill the one who provides the insurance. They tried that one on me when we started getting bills for my sd that we knew nothing about. They cannot bill anyone than the person who brought them in. They cannot bill a third party who knew nothing of the debt being incurred. As soon as I mentioned getting a lawyer involved in this mess the hospital soon straightened up and we have not seen another bill except for the ones that his ex presents to us in the proper method.

The burden of proof is on your ex to prove she sent you the bills and since she probably can't she is liable for the full cost. By the decree if she has 30 days thats it.

What she is doing is fraud and the hospital can be accountable to because they can obviously see that the signature of who signed for the treatment is not the same as the name listed to pay the bill. Read the fair credit laws backwards and forwards. You will need to if you are going to get anywhere! Never hurts to know your rights anyway!

Good luck and keep us posted.

 

[HartbrokN]

Sorry for bumping this up again. Thanks so much for all the advice,
it has helped. Here's my update: I informed my attorney that i sent her a registered letter advising her that she is to contact me
in the event of an emergency/doctor visit, etc. Just 2 weeks ago,
a family member of hers, (not her), told me that she had taken
our daughter into the Emergency room for "severe dehydration'. I should note that I had informed her 3 weeks prior, that my Insurance had lapsed, due to the number of hours I was eligible for through work, ( I am in construction 9 months out of the year, and a certain number of hours must be worked in order to pick up the medical again.) She was quite aware that I would not have the kids covered until the first week of June, so she should put them on her insurance until then. She did not, thus, claims I am responsible for the entire unpaid bill. Her behavior is largely unecessary and malicious. I wish there was a way to make her realize that we both need to be adults while parenting our children. I guess I have one LONG road ahead of me. i just want to be able to communicate and compromise if nothing else.

 

[Grandma B]

One question: you said you don't get to see your children. Why?

 

[nailtech]

Sorry for bumping this up again. Thanks so much for all the advice,
it has helped. Here's my update: I informed my attorney that i sent her a registered letter advising her that she is to contact me
in the event of an emergency/doctor visit, etc. Just 2 weeks ago,
a family member of hers, (not her), told me that she had taken
our daughter into the Emergency room for "severe dehydration'. I should note that I had informed her 3 weeks prior, that my Insurance had lapsed, due to the number of hours I was eligible for through work, ( I am in construction 9 months out of the year, and a certain number of hours must be worked in order to pick up the medical again.) She was quite aware that I would not have the kids covered until the first week of June, so she should put them on her insurance until then. She did not, thus, claims I am responsible for the entire unpaid bill. Her behavior is largely unecessary and malicious. I wish there was a way to make her realize that we both need to be adults while parenting our children. I guess I have one LONG road ahead of me. i just want to be able to communicate and compromise if nothing else.

I know i'm in Texas and not sure if this will help you. but in my decree it states if medical cost accure because the parent who is suppose to provide insurance does not provide it, then they are responsible for the total payment of any medical treatments... its a standard in Texas...(from what I understand)... if she agreed to provide insurance do you have proof of it in writing or proof of reinbursment of her premiums? mine also states if the CP provides insurance the NCP who is suppose to provide it has to reinburse the CP.... in my opinion you need to find out why your children are going to the dr. so much if thats the case, and like Grandma B asked, why dont you see your children,.... she can be held in contemt for not letting you have your visitation rights... you need to let us know what your decree says as far as the medical goes...

 

[HartbrokN]

(My apologies for delayed response).

It is rather messy, but I don't get to see my children because
she will not allow it. I'll try to make this as short as possible.
We were never married, nor living together. We dated briefly, and It was what you'd call a physical relationship. Let me stress that It
was MUTUAL. She eventually wanted more, and I did not. I have always been honest with everyone. She informed me that she was pregnant. Her story was that the contraceptive pill she was on didn't work. Turns out, the only thing she was on was the "deceptive pill'. I took responsibility as far as child support, medical, etc. but It still was not enough for her. I persistently asked her to see my daughter. We verbally agreed to a visitation schedule, (at HER home), and HER rules. Eventually visitations consisted of her constant sexual advances. Whenever I refused her, she would deny me visitation. This went on for a year. I filed for Court ordered visitation, and she told the judge that I had not followed a consistent visitation with our verbal agreement, so my daughter "didn't know me" well enough to where I could pick her up for my weekends. The judge ordered the first 3 months to be supervised, In HER home. Once again, the games started. I stuck to my guns and tried to spend as much quality time with my child as I could, with her, and her mother, father, and siblings all living in the same house. She then discovered that I started dating someone seriously, and flipped out. She denied my visitations once again, and threatened to call the police and children's services If It ever came to my being able to pick up my daughter. Basically, If It was to ever pursue to court ordered visitation, the moment my daughter sets foot in my house, she will have me accused of abuse. There's a whole novel's worth of this ongoing ordeal, but it would take a week to write it all. it all boils down to my stupidity at trusting this individual at one time. I am married now to a wonderful woman whom I adore, and the mother of my daughter will never accept that I did not choose her. I can only try to do the best I can when It comes to taking care of my kids. Sometimes other people will make it so much more difficult than it should ever have to be.