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  1. #1
    Join Date
    Aug 2007
    Posts
    9

    Default Noncustodial Parent Sued Over Unpaid Medical Bills

    What do you do when the custodial parent files bankruptcy and you start receiving collection notices for medical bills over 2 years old? We (non custodial parent) were never notified of these treatments, never signed as legal responsible party, never received one DR. Bill, not one single thing for two years. Now mom files bankruptcy and we are being sued for 35 thousand dollars! Help!

    Nothing in paternity agreement states or court orders non custodial parent to pay medical bills. We provide insurance for this child because we wanted to. We were not ordered to do so. The child mother didn’t even use the insurance!!! Just racked up 35 grand in medical bills and filed bankruptcy!

    Live in Indiana

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: unpaid medical bills 35 grand...HELP!

    Are you saying that the mother did not list these creditors in her bankruptcy?

    Usually the divorce decree (as well as temporary restraining order during the separation) states that the spouse holds harmless debts incurred by the other.

    The court documents should have spelled this out. If you can't locate this information, call the attorney who handled your divorce and try to sort this out with someone who can review the documents for you and give you advise.

  3. #3
    Join Date
    Aug 2007
    Posts
    9

    Default Re: Noncustodial Parent Sued Over Unpaid Medical Bills

    Yes, she included them in the bankruptcy...........they were never married and the paternity agreement says NOTHING about who is to pay what in medical bills. We provide insurance on the child, pay the co-pays, deductible, premiums ect and the mother of the child didn't use the insurance card correctly.

    Again, we have never received a bill, a call or anything else........just 2 years later being sued for 35 thousand.

    We have talked with a lawyer who says 'well the father will just have to pay it, he is her legal dad" That just doesn't seem right to me. The law in Indiana says this??? That the non custodial parent is responsible for EVERYTHING?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Noncustodial Parent Sued Over Unpaid Medical Bills

    Indiana case law says:
    Quote Quoting Schmidt v Mutual Hospital Services, Inc., 832 N.E.2d 977 (Ind. Ct. App., 2005)
    "Parents are responsible for the care and keeping of their children. This serious obligation has long been imposed upon them by our common and statutory law. The doctrine of necessaries long has imposed upon parents the legal obligation and duty to provide support and education for their children." Bergmann v. State, 486 N.E.2d 653, 662 (Ind. Ct. App. 1985) "It is fundamental that a parent owes a duty of providing medical care for a child." Collection Bureau of Warrick County, Inc. v. Sweeney, 434 N.E.2d 143, 144 (Ind. Ct. App. 1982).
    That case suggests that a court may examine whether or not the medical care provided was necessary and, if not, whether the parents secured their right to refuse further treatment. You should discuss this case law with your lawyer, within the specific context of the medical bills and treatment provided.

  5. #5
    Join Date
    Aug 2007
    Posts
    9

    Default Re: Noncustodial Parent Sued Over Unpaid Medical Bills

    Thank you for this! It is very helpful. I guess I am not disputing the fact that my husbands daughter needed knee sergury, what I’m asking is: If the mother files bankruptcy on all the unpaid bills, why must we now pay all of them? Is there a law in Indiana that says the father must pay everything? That doesn’t sound very fair. We provide insurance, pay child support, paid the deductible and co-pay………THE CHILD MOTHER DIDN’T USE THE CARD CORRECTLY! I don’t expect free legal advice, I just want to know, before we shell out a thousand buck to retain a lawyer, what is the law in this situation?

    Again, there is NOTHING one way or the other in the paternity agreement that says the non custodial parent is responsible for medical bills. It doesn’t say we have to provide insurance on her, but we always have. Never missed a child support payment, paid for other stuff over the years.

    Yes, I’m going to need an atty because I want to Sue United Healthcare, too. We have been trying for almost 4 months to get them to send us the EOB’s……..call them almost daily AND THEY WILL NOT SEND THEM!!!

    I found this on the IN state CHILD SUPPORT website.

    Apportionment of Health Care Expenses. The data on which the Guideline schedules are based include a component for ordinary medical expenses. Specifically, six percent (6%) of the support amount is for health care. The non custodial parent is, in effect, prepaying health care expenses every time a support payment is made. Consequently, the Guidelines require that the custodial parent bear the cost of uninsured health care expenses up to six percent (6%) of the basic child support obligation found on Line 4 of the child support obligation worksheet and, if applicable, the child support obligation attributable to a student living away from home (Section Two Line I of the post-secondary education worksheet). That computation is made by multiplying the total of Line 4 and Line I by 52 (weeks) and multiplying the product of that multiplication by .06 to arrive at the amount the custodial parent must spend on the uninsured health care costs of the parties' child(ren) in any calendar year before the non custodial parent is required to contribute toward payment of those uninsured costs. For example, if line 4 is $150.00 per week and Line I is $25.00 per week, the calculation would be as follows: $150.00 + $25.00 = $175.00 x 52 = $9,100.00 x .06 = $546.00.

    Thus, on an annual basis, the custodial parent is required to spend $546.00 for health care of the child(ren) before the non custodial parent is required to contribute. The custodial parent must document the $546.00 on health care.

    After the custodial parent's obligation for ordinary uninsured health care expenses is computed, provision should be made for the uninsured health care expenses that may exceed that amount. The excess costs should be apportioned between the parties according to the Percentage Share of Income computed on Line 2 of the worksheet. Where imposing such percentage share of the uninsured costs may work an injustice, the court may resort to the time honored practice of splitting uninsured health care costs equally, or by using other methods.

    As a practical matter, it may be wise to spell out with specificity in the order what uninsured expenses are covered and a schedule for the periodic payment of these expenses. For example, a chronic long term condition might necessitate weekly payments of the uninsured expense. The order may include any reasonable medical, dental, hospital, pharmaceutical and psychological expenses deemed necessary for the health care of the child(ren). If it is intended that such things as aspirin, vitamins and band aids be covered, the order should specifically state that such non prescription health care items are covered.

    There are also situations where major health care costs are incurred for a single event such as orthodontics or major injuries. For financial reasons, this may require the custodial parent to pay the provider for the amount not covered by insurance over a number of years. The 6% rule applies to expenses actually paid by the custodial parent each year.

    The order regarding the payment of the child(ren)'s health expenses should specify which parent will have the responsibility to provide health insurance.


    Any thoughts anyone?

  6. #6
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Noncustodial Parent Sued Over Unpaid Medical Bills

    If I missed this in your post, I am sorry, but..

    Have you sent in the medical bills to the insurance company? If nothing else, you may have to pay it and then have the insurance reimburse you for the portion that is covered.

    How did she use the cards incorrectly?

  7. #7
    Join Date
    Aug 2007
    Posts
    9

    Default Re: Noncustodial Parent Sued Over Unpaid Medical Bills

    With UHC (United healthcare) when they get a large claim, they send a leter asking how the accident/injury occured. (it was basketball). The mother didn't respond to that letter or their phone calls to get that info so.............UHC refused to pay the claims. Now, 2 years later, UHC says it's too late to resubmit those claims. You only have 12 months to resubmit a claim.

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