Non-Custodial Parent's Responsbility for a Child's Medical Debt
My question involves collection proceedings in the State of: California
This may seem a simple question, but there are some sticky points. I noticed a collections record on my credit report and started researching. I found that my x-wife (we have been divorced for 10+ years) had taken my daughter (who was 17 at the time) to a medical clinic and did not pay the bill. The clinic sent the debt to collections and the collections company is now coming after me. The sticky parts are as follows:
1). X wife has physical custody of the then minor child and is the custodial parent.
2). My children are under my medical insurance as per our divorce settlement and have been for many years.
3). X wife consented to medical services that apparently my insurance plan did not cover, as such she was billed for the costs.
4). X wife did not pay the bill and it was subsequently sent to collections.
The collections company's position is that because the costs are related to my minor children and as such I am responsible for them. My position is that because I had no knowledge of the services rendered, did not consent to the services and was not a party in any agreement with the medical office, I should not be accountable for this debt.
Is my position valid and could my position be upheld if this becomes a bigger deal. The $ involved are not that substantial (about $400), but the impact on my credit rating is. The collection company is dinging me on a monthly basis and my credit score has gone from the high 700s to 683. So the indirect costs of the collection company's actions are quite high.
Thanks for your advice.
Re: Debt Collection - Debt for Services Rendered for Minor Childeren
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Is my position valid
no. as a parent, you are liable for many things for your minor child, even if you did not agree to them or know anything about them.
Not knowing what your divorce order stated, I have no way of knowing who would be liable for the bill under that order. You may have an action against your ex for anything you pay towards the bill if the order required her to pay the bill.
Re: Debt Collection - Debt for Services Rendered for Minor Childeren
Seems odd that someone other then myself could enter into an agreement for services, not pay for those services and then hold me accountable for the costs. I could understand liability in the case of the minor themselves incurring a debt. In this case however, I was not a party to or aware of any agreement, consent or approval for the services rendered. I am not even aware of what the services were (i.e. elective or necessary). Taken to its logical extreme, this would imply that a divorced parent could theoretically have a multi-thousand dollar elective medical service performed on a minor child, agree to these without the other parents consent or knowledge, and then not pay for them and have the other parent stuck with the bill. Does not sound terribly equitable.
Re: Debt Collection - Debt for Services Rendered for Minor Childeren
your child incurred the debt, not your wife. That is one reason you are not understanding why you are being held liable.
Then, because both parents are jointly and severally liable for debts such as this one that arose from medical treatment, you are just as liable as your ex is.
Re: Non-Custodial Parent's Responsbility for a Child's Medical Debt
You are liable for the debt. I would argue they should A. withdraw the credit reporting if you pay them or B. agree to not respond if you challenge the credit blemish on your credit report after you have paid them. Get it in writing.
Re: Debt Collection - Debt for Services Rendered for Minor Childeren
Interesting, even in the event that my x signed the consent forms and agreement to be liable for any costs that are not covered by insurance and I did not.
Re: Debt Collection - Debt for Services Rendered for Minor Childeren
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bhartwell
Interesting, even in the event that my x signed the consent forms and agreement to be liable for any costs that are not covered by insurance and I did not.
so, don't pay it then.
Not really sure what you want here. If you are being dunned, you have a couple choices. You can pay it or refuse to pay it. If you pay it, you have standing to seek repayment from the party you believe was actually liable.
If you refuse to pay it, the creditor can either go; ok fine. or continue collection attempts. Want to take a wild guess which they will choose?
It;s not like you can say anything to the creditor that is going to make a bit of difference.
Re: Debt Collection - Debt for Services Rendered for Minor Childeren
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Quoting
bhartwell
Interesting, even in the event that my x signed the consent forms and agreement to be liable for any costs that are not covered by insurance and I did not.
I'm not sure what your goal is. Either pay and take Mom to court to see if they'll buy into the notion that she should be responsible, or don't. Either way, it's already affecting your credit.