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My ex-wife is the custodial parent of my child. My child has resided with my ex-wife since the divorce. I have been receiving medical bills at my home address,when she takes my child to the hospital, she is putting my name down as the guarantor. We both have separate insurance companies. She has been very sloppy and lax in providing info to medical providers. Often times she has not even provided her insurance info to the medical providers, I have received bills at my address which have been paid by my insurance and she has not bothered to submit her info so the bill will be paid. We do not communicate on a friendly basis and I am afraid she is doing this on purpose as a form of harrassment. I am responsible to pay 50% of any bills not paid by the insurance companies. But I can't tell when I get these bills whether her insurance has paid their portion or not. How can she put me down as guarantor when I am not even present when my child receives medical care? I have called the Hospital and explained the situation but they keep sending the bills to my address, What can I do???
Call the hospital and ask them to provide you with any documents that have your signature on them requesting medical services for your child. They won't be able to. Hence, they will have to bill her. Stand tough on this fact: You did not request these services. She did. Bill her.
If they persist on sending you bills, return them, unopened by writing return to sender on the envelope.
Your ex is fraudulently obtaining credit in your name. That is illegal.
If you are legally divorced, she has no right to sign your nameto any legal document. She has no right to obligate you for any contractual obligation she enters into.
I would do two things:
Send a letter to BOTH her and her insurance company stating that she is incorectly obligating you on medical claims for which you legally are not responsible for. SHe needs to cease and decist and remove you from any current, past medical claims or you will be forced to pursue any and all actions against both her AND her insurance company.
That is all good advice. I would only add to Big Daddy's cease and desist letter coming from your lawyer would carry more punch. In any case, you should call the hospital or medical provider, supply your insurance info, and tell them that your obligation ceases there and that any further payment must come from the mother who sought treatment for the child.
In addition to the above good advice :Telephone calls to providers carry little weight....written documentation is much more effective. Question providers as to whos name is on the following forms: "Consent to treat" and "responsibility of Payment". Both are documents that every medical facility has someone sign. I assume your child is a minor...therefore she must sign her name. Yes, it is a hassle, but it worked for me in the end!
My husband's ex did this. We did not even know until an action at court was made due to the bill not being paid. I called the collector and raised H*ll. Initially the bill collector said that he was the father etc. etc. I told her I did not care as we/he was not there at the time, we did not know anything of the bill and it was illegal for her to put things in his name. That would be like me going and getting something and sending HER the bill. She changed her tune quick and all things where dropped against my husband. She can NOT do this, it is Fraud! Good luck, don't let her get away with it.
Well, it's not fraud but you should not allow it to continue. She has a right to have the child treated and you both have an obligation to pay under court order. You need to call the provider, get copies of the signed consents and bill to forms for your records. Then you need to write the provider a letter, enclose copies of the bills, your insurance info, and tell them to bill the ex for whatever part of their charge that is uncovered.
BEWARE of financial responsibility above and beyond that of child support. If the life your decree lasts 10 years, that's a long time to trust your ex to control your expenses.
For example, if your decree makes you responsible to provide medical insurance, or that you pay uninsured medical, you've got a problem. Should your attorney instruct you to pay (even a percentage of) uninsured medical, BEWARE!! The term "uninsured medical" is much more than an interchangable term for deductable. It's a blank check!!
The uninsured medical provision can bring financial disaster if your ex decides to take advantage. It allows your her to go to any doctor she chooses and/or get treatment out of your coverage area regardless of insurance coverage or cost. Furthermore, if your ex refuses to pay her share of uninsured medical, they will will look to you for payment. And, they will use every available means to collect it.
Moreover, it's impossible to predict the future. You could lose your job. Your ex could move out of your coverage area. Your company could change insurance companies. If your attorney is careless, your uninsured medical could add up in a hurry.
Needless to say, your responsibility for medical insurance must be limited to what your employer offers, and only for as long as that coverage remains in force. Nothing more. If you run out of insurance, if you lose your job, if your ex moves out of the coverage area, your responsibility must end. It's not fair to hold you responsible for events that are beyond your control.
Furthermore, your decree's language should state "deductable," not simply "uninsured medical." There's a huge difference.
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