I am taking a class in just that same kind of situation. I think the bill collector is handing you a load of crap. Spouses are jointly responsible for medical debt incrued during their marriage. You need to request that the bill collector send the proof of the debt to your husband. By law they have to do that. You may also want to check the Fair Debt Collection Practices Act. I’m not an attorney, so I could be totally wrong, but I would think that you could take the ex to court for it.
Greetings. If the bill is in his name, and he did not deal with equitable distribution, and the bills are before the court order telling them to split everything 710/30 - then he is solely liable. He should have divided the debt with his first wife prior to the date of divorce from her. Thank you.
Janet L. Fritts
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
301 McCullough Drive Suite 510
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.
I got a call from a bill collector today. The bill collector is telling me that my husband is responsible for almost $10,000 in medical bills.
Almost $3,000 is for a bill for his daughter at the hospital, while he was still with his ex wife.
He has custody of his daughter and is supposed to pay 70% of medical bills and his ex is supposed to pay 30%. We thought that since the bills that are in question were accrued when they were still together, that they should split them 50/50 or that they would go at least by the child support ruling for 70/30. Bill Collectors say that she is not responsible for any part of it.
His ex wife accrued almost $7,000 in medical expenses before they separated and divorced. The bill collector says that he is responsible 100% because it was a marital debt. She is not obligated to pay.
There was never any equitable distribution or any cases heard on this subject when they divorced, is my husband responsible for 100% of his daughters medical bills and does he have to pay any on his ex wifes bill?