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  1. #1
    Join Date
    Apr 2008
    Posts
    6

    Default Spousal Liability For Medical Debt In Ohio

    My soon to be ex-wife racked up +$3000 in medical bills while we were still living together. We separated in July 07, the bills were in Nov 06, May and June 07. I was unaware of the bills being unpaid until I received a Motion for Contempt from the hospital's attorney for not showing up to court. In Sept 07, my stb exwife and I were sued for her unpaid medical bill in Nov 06 and a judgment was entered against the both of us. I called the hospital and found out about the remaining two bills which we are being sued for. In addition, I received a collection notice from an ambulance company for services she received. I disputed the debt and upon getting the paperwork from the company, found no mention of my name. The only place my name was listed was on the hospital admittance paperwork where my stb ex listed me as a guarantor. I never signed any paperwork.

    My stb ex agreed to sign affidavits to assume all responsibility for her medical debts. The ambulance company agreed to remove my name if sent from my attorney's office. The hospital attorney, on the other hand, is refusing to acknowledge the affidavit and will not remove my name from the new lawsuit.

    I am repeatedly being told that I am liable for her debt because we are/were married at the time of the debt. Is this correct? Can anyone please explain the laws and help with a defense when we have to show up for these other bills? Can I appeal the default judgment since I was unaware of the first hearing?

    ps. my stb ex gave incorrect contact info on the admittance papers and this was probably the reason i was not contacted. She has a history of not paying medical bills or any other debt for that matter.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Spousal Liability For Medical Debt In Ohio

    In the state of Ohio, married individuals may have separate credit and credit histories. Generally speaking, one spouse is not liable for the other's debt unless they hold the account jointly.

    Were these charges accrued under your insurance plan? Typically, the named insured is the person responsible for medical bills accrued by spouses/dependents.

    You really should consult an attorney.

  3. #3
    Join Date
    Apr 2008
    Posts
    6

    Default Re: Spousal Liability For Medical Debt In Ohio

    My stb ex was covered by her own medical insurance during all the hospital visits. The first bill, which we were sued for, was actually the remaining balance that her insurance did not cover. All invoices have her listed as the patient and her insurance as the primary.
    In addition, she was covered by my work insurance, but failed to put down any of that information.

    Basically, her inability to take care of any of her responsibilities has put her in this situation. She ignored the bills, did not pay them, and did not 1)find out why her insurance rejected it, 2) submit it under my insurance. My only fault is being married to her.

    Please note: we have been separated for a year and I had no idea about these medical bills or her not taking care of them until the default judgment, and motion for contempt.

    EDIT: I would LOVE to consult an attorney, but since the good ol ex has me owing close to $20,000 to various people, all my disposable income is tied up keeping the debt collectors at bay. (she has repeatedly used my information to illegally obtain lines of credit, and continues tries to use my info even though we are court ordered not to)

  4. #4
    Join Date
    Apr 2008
    Posts
    1

    Default Re: Spousal Liability For Medical Debt In Ohio

    I have a similar question about spousal liability for medical debt in Ohio.

    I recently received a summons in municipal court for a medical bill incurred by my ex-wife in August of 2000 in the amount of $400. This is the first time I have seen this bill as we were separated in the fall of 2000 and divorced in the fall of 2003. I filed an answer with the attorney who is attempting to collect the debt and have received a court date in early May.

    A local attorney consulted on this matter was little help and basically said that I should offer to settle the debt for $200 and not waste the court and judge’s time. I do not have $200 lying around and do not believe I should be liable for any of the debt incurred by my ex-wife. The bill documentation that the attorney provided includes only my ex-wife’s name. I did not carry family insurance coverage in August of 2000, have not spoken to my ex-wife since 2003 and do not know her address or phone number.

    The attorney did not know the statute of limitations on medical bills and mentioned that the action may not have been appropriately commenced within the timeframe of civil procedure. The original action was filed in municipal court in January of 2006 and they have been attempting to locate me or my ex-wife since then. I was just served with the municipal court notice in February of 2008.

    Can anyone point me to statutory or case law in Ohio that would apply to this case? I really don’t want to pay a debt that I do not owe.

  5. #5
    Join Date
    Apr 2008
    Posts
    6

    Default Re: Spousal Liability For Medical Debt In Ohio

    This may help you, it's what i've found out trying to get my situation fixed:

    Ohio Revised Code 3103.03 Married persons' obligations of support:
    (A) Each married person must support the person’s self and spouse out of the person’s property or by the person’s labor. If a married person is unable to do so, the spouse of the married person must assist in the support so far as the spouse is able. The biological or adoptive parent of a minor child must support the parent’s minor children out of the parent’s property or by the parent’s labor.

    Basically, as a spouse you are required to support your spouse to a reasonable degree. $400 in the courts eyes is nothing. If she put you down as guarantor, then they come after you for the bill. Both of you should be sued for the non-payment, which is what is happening in my case, only I'm the only one with a job so they are coming after me. IMO, you'd have to prove that you provided sufficient support to her during this time and that she was capable of paying the bill herself.

    Out of curiosity, what county is this in?

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