What can I do if sued for unpaid medical expenses? 12 Answers as of January 03, 2011

My ex husband is responsible for medical insurance for our son. There is no agreement for uncovered medical expenses. Because they decided to use her work insurance they recieved two bills for my son amountng to $200.00. My ex husband stated he had no problem with it but his wife is demanding payment from me. I have recieved a letter from her and several harassing phone calls on my voicemail that she is suing me if i do not pay her (this has nothing to do with my ex according to her). According to her it is due to the humiliation she suffered at the closing of her house because she had to pay it to complete the closing. What can I do to stop this harrasment?

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Dack Marasigan, LLP
Dack Marasigan, LLP | Martin E. Dack, Esq
I think this is a custody issue between you and your ex husband. In which each parent is responsible for 1/2 of uncovered medical expenses. However without a court order, it is difficult to enforce. It's therefore essential to consult a lawyer who works in the field of domestic relations.
Answer Applies to: California
Replied: 1/3/2011
Law Office of Travis Prestwich, PC
Law Office of Travis Prestwich, PC | Travis Prestwich
If there is no agreement regarding unpaid medical expenses for your child, a court typically would order each parent to pay one-half. In most custody agreements now, the language usually says each parent is responsible for one-half of any unpaid medical expenses after the first $250.00 is incurred.
Answer Applies to: Oregon
Replied: 1/3/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
This is a custody issue between you and your ex husband. Tell her in a written letter that your ex husband has consented to pay the bills. Just make sure that you put everything in writing. I would suggest that if the situation continues and you become nervous that she might sue you, offer to give her half ($100). This is significantly less than it will cost you to hire an attorney. (For example, I charge $150 per hour to defend cases like this and the bills can easily come to thousands of dollars.)
Answer Applies to: Missouri
Replied: 1/3/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Each parent is responsible for 1/2 of uncovered medical expenses. However without a court order, it is difficult to enforce this rule. Your ex's wife can not sue you so dont worry about that only your ex can take you back to court.
Answer Applies to: California
Replied: 1/3/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
If there is no court order about it then I think she will not prevail. However it seems odd that there is no court order about uninsured medical expenses. I would double check your divorce decree to make sure there is no such provision. Good luck.
Answer Applies to: Connecticut
Replied: 1/3/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    I am not sure. Your duties of being a parent (/in loco parentis/) are not ended by divorce. However, you did not sign for the hospital bill and I really do not see why the wife even paid the bill unless she was with your son. As far as her "embarrassment" is concerned, I suppose a lien was issued by the hospital and it caught on their new loan. That is not your fault, particularly if you did not know about the bill before the closing. I would check quickly with the lawyer who handled the divorce. He or she is the best person to ask.
    Answer Applies to: Alabama
    Replied: 1/3/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Sheldon J. Aberman
    This sounds like a matter that you should discuss with your divorce attorney.
    Answer Applies to: Illinois
    Replied: 1/3/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    A parent is responsible for the medicals of a child. This applies to father and mother. The new wifes feelings have nothing to do with the situation
    Answer Applies to: North Carolina
    Replied: 1/3/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Given the amount of money involved, you might want to pay the person and move on. I would definitely get a court order in place to determine who is responsible for your son's medical expenses.

    If she continues to call you and write you threaten to call the police. It is highly doubtful she will sue you for $200 as a cost of a lawyer to file suit would greatly exceed the amount of the "debt".
    Answer Applies to: Pennsylvania
    Replied: 1/3/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    You need to consult a lawyer who works in the field of domestic relations. Perhaps you have already worked with someone in the context of prior problems.
    Answer Applies to: Virginia
    Replied: 1/2/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    It is not worth getting an attorney as the amounts are less than what an attorney would cost you.
    Answer Applies to: Florida
    Replied: 1/2/2011
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