Not a lawyer but this is how I’d be looking at it or asking the question. If your son is normally covered under your insurance and an amount owed isn’t paid the doctor’s office will normally go to you first to collect and if they can’t collect they will send it off to a collection agency.
EXACTLY…now the doctors office wants payment and while I know I owe my ex for half, I was told that techically the doctor can only report or sue my ex since he is legally responsible . In the eyes of the friend of the court I am responsible to my ex. But in terms of being sued I am not legally able to seek or refuse medical care for him so I am not legally responsible or “sueable” as it may be…
yikes - this sounds ugly - we aren’t talking about buying your son a car or a bike we’re talking about his medical care and sharing costs that you agreed on - right? Is it really worth the heartache and antagonism to refuse to pay? If you don’t have the $ right now why not try and work something out so your husband’s credit isn’t damaged which could potentially impact you and your child.
I agree with mal and it gets worse. If you are not a doctor then you really don’t know FOR SURE what treatments were needed, so good luck explaining your refusal to pay. Further, refusing to pay and allowing your ex to go through the collections process will make you look horrible in court. If there is an order stipulating that you pay the bill, pay it, or you’ll be in contempt of court.
i agree with your responses and i guess without all the details, i sound bad. ok, his bills are covered by insurance we are just having a hard time getting them to pay and i am working with them and the doctor to get a resolution. ultimatly, we ( the ex and i ) should not be responsible for anything except the deductable. i was really just looking for a legal answer, not a moral one…but to be sure, my son is getting great medical care and we will make sure the doctors are all paid. so my question is…legally can they sue me if i did not have legal custody ? Technically, i cannot even access the medical records, make medical decisions or anyting without my ex’s permission. so that got us on the discussion here on how one could be held legally responsibe…any thoughts?
I’m inclined to say that the buck stops with him. If it’s his insurance, then he is the one financially responsible. I wasn’t trying to hit you with morality, we don’t know the entire scope of your agreements so we have to look at what you said.[|)]
Richgal,
This questions is slightly beyond our area of expertise and deals more with an issue of creditor/debtor and health care law. I believe the answer lies in which one of you is listed as the responsible party on your child’s medical records. I do not know if the doctor will be able to sue you to recover the medical bills.
I would try to send the doctor a written letter, letting him know you are pursuing this with the insurance company and give him any information you have from the insurance company so that he may verify this is true. This may stop them from pursuing you for the money in the short term.
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.
i know i am responsible for 50 percent of our uninsured bills for our child. question. if my son has medical bills that are not paid by insurance can the doctors office sue me? i do not have legal or physical custody nor did i seek the services. i was told that legally i am not responsible for the bills. he is . i do owe him 50 percent but the doc cannot sue me. is this true?