In July 2000, DH and his first wife are divorced. Judge orders that all bills up to that point be separated out and paid and that all bills after that point are the sole responsibility of that owner. In August, ex-wife goes to the doc and doesn't change the paperwork stating that she is now solely responsible (likely just an oversight). Fast forward to July 2002... DH goes to the doctor. Hospital also submits to him at this time the bill for ex-wife from August 2000. DH brings a copy of decree to the hospital billing department who says that they aren't required by law to follow the decree. They say that he was still listed on the files, he is still responsible. DH pays the bill as it's only $30 or so, just to be done with the mess. Fast forward even further to now. A CA is showing on DH's report. Seems the hospital has "turned up" yet another bill that "slipped through the cracks" from another doctor for August 2000 for the ex-wife. CA claims it also does not have to honor the decree stating that DH is no longer responsible for ex's bills. Demands payment. Is my hubby truly responsible? What good is a judgement if no one has to abide by it? If the doctor can legally go after whomever I choose to put down as the responsible party I think next time I just might put my mean hateful neighbor down as the responsible party... or my boss... or, hey, or my ex husband!!!! Seriously, do we have recourse? Or are we going to be paying $30-50 bills every couple of years that the hospital found under some desk or behind the filing cabinet?
If your dates are correct - you divorce was final in July 2000 and she went to the hospital in August 2000 there is no way in hell they can bill you or collect from you - she is not your wife, not a family member, not anyone that you are legally responsible for. It is no different than a CA trying to collect MY bill from you. If the services were performed prior to the divorce, you likely could be held responsible.
Re: Re: OC, CA and divorce questions... Yes... it is correct. Judge ordered her to pay for her own bills after July 2000, she went to the doctor the next month for something new. We agree, as I think most sane people would that any bills after July 2000 DH would not be responsible for. Yet, the hospital says that if he didn't want to be held responsible he should have made sure that she didn't leave him on record as the responsible party. In all honestly, neither of them even thought of it at the time. My hubby thought he was covered by the decree regardless. We've tried the route of "this bill is not mine due to the decree." Both OC and CA have told us that they aren't obligated to follow the decree. "You are listed as the responsible party, therefore....." Short of a lawsuit (it IS under $100) any other ideas? It is showing up on DHs credit report. Are we just bound to being prepared with a copy of the decree for any lenders who question it?
Re: Re: OC, CA and divorce questions... It is very true that creditors do not have to honor divorce decrees. Believe me, I learned this the hard way. He should, however, have taken her off his insurance immediately. If he didn't, he's likely still responsible. When the insurance bounced the first bill stating that she was no longer covered, the doctor would have contacted her. He did take her off his insurance, didn't he? If not, you may have bigger problems.
As far as just listing a neighbor or something, you would obviously have to have some proof that you are covered by that person. She had an insurance card or something to state that she was covered by him. As long as the doctor hasn't received any information to the contrary, they honor that. My doctor now asks to see the card at every visit. This is probably the reason why.
Actually he did have her cancelled off the insurance as soon as they separated and she filed for divorce. She had not covered by his insurance for months and the company denied the claim when the hospital tried to file it anyway. On the original initial paperwork that they filled out years and years earlier with the doctor's office, it reads both their names as a married couple, responsible for billing. He carried the primary insurance through his work. It's this document that the hospital claims forces him to pay, regardless of what the decree says.
Re: Re: OC, CA and divorce questions... The hospital that my wife and I go to make us fill out the paperwork *EVERY TIME* she or I or both go there. I would think that paperwork they are showing you was an authorization document to bill your husband *FOR THAT PARTICULAR VISIT* alone ... unless the document says otherwise. Will that help?
Re: Re: OC, CA and divorce questions... Lakpr... this particular doctor doesn't make anyone fill out a new form each time. Even to this day, as far as I know. Butch... There are no kids and the hospital did not bill him personally that he can remember. The ex-wife remarried and moved across the country shortly thereafter and with DH still in town, I think they thought he would be a better target to try to get the money from. He had two surgeries in 2001. The first medical bill for the ex-wife appeared via letter from the CA shortly after the second surgery. We questioned it, brought the decree in, argued, but eventually paid it just to be rid of it. Also at this time we bulked all of the remaining bills (hospital, doc, etc... everything in DH's name that was being billed) from the surgeries into one lump sum that we are making payments on monthly. It was after this was all said and done that this new bill appeared. Still not billed by the hospital, but by the CA. DH's most current EXF is showing the bill and reads "creditor recently located individual." Which we know means, creditor recently rearranged the office and found this bill among the dust bunnies in the back corner.
Re: Re: OC, CA and divorce questions... ~~~~~~~~~~~~~It's this document that the hospital claims forces him to pay, regardless of what the decree says. cre8ivegrl =============== Nope: Don't think so . No way this makes one responsible for ever for the next 99 wives.~~~~~~~~~~~~~~~~
Re: Re: OC, CA and divorce questions... 1*Both OC and CA have told us that they aren't obligated to follow the decree. "You are listed as the responsible party, therefore..... 2*Are we just bound to being prepared with a copy of the decree for any lenders who question it? cre8ivegrl " ============ 1*Both are wrong and Neither have a leg to stand on. 2*Lenders Will still jack your rates and insurers can increase your premiums because of this CA listing on your reports. If it's on your report it's good enough for them decree or not. The only acceptable resolution is complete deletion. The END ************************* LB 59
