We had this happen as well. Your husband carries the insurance and therefore he is the one that the doctor’s office and then collection agency will be looking to for payment. If this is in a signed support agreement it is enforceable.
When we received a $900 from the dentist on treatment on the children, my husband called the dentist and told them he would not pay a bill that large on treatment that he did not authorize or was even known to him. We haven’t seen a bill from the dentist since. I believe the parent who pays the insurance can insist that the other parent take the children to a network provider.
If your spouse has a legal contract regarding support and his ex spouse is not following it, he can file an action for Breach of Contract and take her to court to ask the court to order that she follow the Agreement. Based on what the Agreement says she may have to pay his attorney’s fees as well.
The reality of the situation is, it may be more expensive for him to take her to court than it would be for him to simply pay the bill. Only the two of you can make that decision.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
As per a child support agreement, my husband has his daughter covered on his insurance. He is responsible to pay half of her medical expenses. Her mother pays the other half. My husband has received a bill from a collections agency where his ex hasn’t paid her half of some medical expenses. They say that if he doesn’t pay it, it will go against his credit. His ex is the primary caregiver and they were never married. How can they hold him responsible for the total balance when he wasn’t even the one who authorized the services. He has paid his half.