Who Has to Pay a Child's Medical Bills, Accrued Before Our Divorce

My question involves collection proceedings in the State of: SC

My young son went to the ER in August of 2008. My ex and I were married at the time. We separated shortly thereafter and were divorced a year later. Apparently, the hospital has been fighting with him to pay the bill ever since. I just (August 2012 - 4 years later) got a notice from the hospital that I am liable for a $1500 debt and that my taxes will be garnished in 2013. I have NEVER seen a bill, never been contacted, never been sent a letter regarding this. I called the collections agency and they are going to send me the bill as I am still not sure what the even was about.

My question - the insurance at the time was in my name and the consent form the hospital (according to the collection agency) was signed by me. When a couple is together, who is liable for medical bills?

Divorce stinks - for everyone!

Also, once you are divorced, although i cover the medical insurance, who is responsible for any extraordinary medical bills above and beyond insurance (i.e., if another ER visit were to occur)? Thanks in advance for any help here. I can't afford to see an attorney on this and am really concerned that I am now going to be liable!

One quick question:

Was your son on Medicaid?

No - private insurance with blue cross (under my name if I recall).

Five people can be responsible for medical deb in any case: the patient, the insurance guarantor, the person who signed the consent, and both spouses in a marriage (for each other and their dependents also covered by the policy), unless otherwise ordered. It seems the hospital is totally correct in billing you for the $1500, even if it's belated. This debt should have been addressed at the time of the divorce. What does your divorce decree have to say about marital debts or out of pocket medical expenses? If it says nothing and you can't come to an agreement with your ex, you need to address it in a child support modification for this case and in the future. In the meantime, I'd suggest contacting the debt collection agency ASAP to try to set up a payment plan and minimize impact to your credit, unless you're okay with the garnishment.

Under South Carolina common law, a parent is responsible for the support of his or her minor child. See Hughey v. Ausborn, 249 S.C. 470, 154 S.E.2d 839 (1967).

Perhaps what Dogmatique was trying to get at is that if this hospital trip was covered by private insurance you would have received an EOB from your insurance company describing what your insurance did and did not cover.

Did your ex- stay in the marital home, such that bills were going to your former address? No mail forwarding?

If you are the parent of a child who needs medical care, you can be held responsible for the cost of that care. If, in addition, you are the one who procures the care and signs a guarantee that you'll pay any portion of the bill not covered by insurance, you're contractually obligated to pay the bill.

You may have a clause in your divorce judgment addressing how this debt is to be divided. You should have a clause in your divorce judgment / child support order outlining how you and your ex- are to divide medical costs not covered by insurance.

One more thought - it's possible that the debt has expired under the statute of limitations. It's also possible that your ex's actions over the past few years have kept that from happening.