topic Re: Need expert help asap in General Credit Topics

Need expert help asap

Anonymous — Thu, 23 Aug 2007 06:34:14 GMT

Hello,

My husbands daughter had knee surgery in 2005. Unfortunately he doesn't have a great relationship with her and knew little of the details. However, we do carry United Health care insurance for her. In May of 2007 we received a letter from an Attorney stating we were being sued for $35,000 for unpaid medical bills. Apparently 9after hours on the phone with UHC) it was determined that the claims were submitted in a timely mannerr, just denied becasue they wanted further information....ie....how the accident happened. Either the MD or the chil'd mother did not provide this information. I am not sure who UHC called to obtain this ifo but anyway the claims have all been denied and now it is to late to resubmit (so UHC says). The child mother has filed bankruptcy so now, 2 years later, we are getting sued for 35 grand. We have hired an attorney who has not done much except keep us out of court by getting continuences. No where in the paternity agreement does it say the father of the child is responsible for unpaid medical bills. Also when she went in for the surgury, my husband gave the mother a check to cover the co-pay and deductable so it wouldn't cost the mom anything out of pocket. The mom signed the responsible party page which states she is responsible for what ever the insurance doesn't pay (which should have been zero since we paid the deductable and co-pay).

We have been married 15 years, and have always worked hard to pay our bills and maintain good credit. It just seems very unfair.

We have paid our Attorney $750 and don't really know where to go from here. Do wee sue the insurance company? Any advise?

Thanks!

Re: Need expert help asap

Anonymous — Thu, 23 Aug 2007 09:11:15 GMT

Sorry to hear about your difficulty. How old is the child? Unfortunately, the courts do not care if your husband is no longer with the mother of his child. If the child is under 18, he will be held responsible for everything, even if the mother signed an agreement with the hospital. Divorce does not mean that one can forgo legal responsibilities as a parent.

You may want to contact the courts and ask them about the law pertaining to your situation. You definitely want to look into finding a new attorney as your current one seems to be doing very little.

Re: Need expert help asap

Anonymous — Thu, 23 Aug 2007 11:05:40 GMT

She is almost 17. We have never "forgone legal responsibility as parents". We provided the insurance, paid all deductable and copays. Her mom is the one who didn't respond to any bills sent to her....which could have easily been resubmitted if she would have just responded to them. Then she filed bankrupcy on them.

Any advice on what type of lawyer to get?

Re: Need expert help asap

Anonymous — Thu, 23 Aug 2007 11:48:43 GMT

Sorry your attorney is not being much help. Now, you said that nowhere in the support order or divorce decree did it say that he is responsible for providing medical insurance? Even if it did, it would be the mother's responsibility to recoup any incurred expenses not the hospital's. You said that your husband never signed responsibility for payment at the hospital? I would double check that. Once I took my son into the hospital and they tried to encourage me to sign for my ex, since it was his insurance, could she possibly have done that?

I would look into getting another lawyer. Even if the only thing he is doing is getting continuances, he should be talking to you about what your liability is and what he hopes to be able to accomplish on your behalf. Sometimes if medical insurance in court-ordered, it is an unwritten understanding that this means responsibility for all medical bills. I really don't see how they can justify sueing your if they can show no previous attempts at contact about the matter. Further if the missed insurance information was not requested directly from you.

Your insurance company may be partially liable as well. I know everytime my son has treatment, his dad gets an EOB for the service. If something is not paid for whatever reason, he is made aware of it at that time. The hospital may be assuming that your insurance company has been doing the same as far as his daughter's care is concerned.

Re: Need expert help asap

Anonymous — Thu, 23 Aug 2007 12:01:00 GMT

Nowhere does it say we are to provide medical insurance for her, but we always have. Never missed a child support payment, paid for braces and sports stuff and this that and the other over the years.

How can you sue someone for unpaid medical bills 2 years later? We got the letter in May, hired an attorney and started the absurdly rediculious time consuming task of trying to get United healthcare to send us the EOB's (we still dont have them). We literally spend at least 1-2 hours per evening on the phone with United Healthcare. (We no longer have them as an insurance). So now we finally get a supervisor at rapid resolution who says these bills were not paid because no one responded to a letter asking how the injury occured (it was basketball).

We paid her mom the copay and deductable so she would have no out of pocket expenses, never received any type of letter, never signed as the responsible party, never received any EOB's, just 2 years later lawsuit for 35 thousand. We can not pay that. We are thinking of getting a legal divorce so at least my credit won't be ruined.

Re: Need expert help asap

Anonymous — Thu, 23 Aug 2007 12:14:17 GMT

Besides continuances, is your lawyer even talking to you? Has anyone even done a debt validation to see who signed what in the original paperwork? If the mother didn't have POA to act in his stead for medical purposes but signed his name looks like fraud. (which is not protected onduer bankruptcy). More than likely, the inurance company sent the EOB to her address had that happen once but I did have the decency to call my ex and let him know. Even so if he has no legal responsibility to provide insurance it shouldn'treally matter IMHO, and this is not legal advice, they don't have a case.

Not sure what type of law specialty would handle a case like this. BTW don't dvorce your husband. His credit will not negatively reflect on your credit unless you are both being sued. Now divorcing to save the house, that's something else. But hold off on that too.

BTW if you haven't already done sdo I would be trying to get dopies of responsible party paperwork from the hospital as well.

Message Edited by Brammy on 08-23-2007 08:14 AM

Re: Need expert help asap

Anonymous — Thu, 23 Aug 2007 12:19:26 GMT

Our lawyer is still waiting on the friggen EOB'S so we can go from there. Everytime we talk with him it cost money so we are trying to do the grunt of this work ourselves. Mom signed her own name to the reponsible party page but then filed bankruptcy.

Here is my question.........if anyones has an opinion...........I really do appreciate anything I can get.

1. Is there any law in Indiana that says the non costodial parent has to pay all unpaid medical bills?

There is NOTHING in the paternity agreement about insurance or medical bills one way or the other (clearly we had a horrible lawyer way back then as well......in my defense, I was only 20 years old and clueless)

2. Isn't there a SOL on any of this?

Thanks again

Re: Need expert help asap

Anonymous — Thu, 23 Aug 2007 12:25:15 GMT

McManda34 wrote:

Our lawyer is still waiting on the friggen EOB'S so we can go from there. Everytime we talk with him it cost money so we are trying to do the grunt of this work ourselves. Mom signed her own name to the reponsible party page but then filed bankruptcy.

Here is my question.........if anyones has an opinion...........I really do appreciate anything I can get.

1. Is there any law in Indiana that says the non costodial parent has to pay all unpaid medical bills?

There is NOTHING in the paternity agreement about insurance or medical bills one way or the other (clearly we had a horrible lawyer way back then as well......in my defense, I was only 20 years old and clueless)

2. Isn't there a SOL on any of this?

Thanks again

1. you should be ablet find the answer to that questio simply by calling your local child support enforcement office or visiting your state's child support website. In Ga EVERYTHING has to be stated in the order.

2. The statute of limitations is again on a state be state basis try this site for your state

http://www.fair-debt-collection.com/statue-limitations.html

Re: Need expert help asap

Anonymous — Thu, 23 Aug 2007 12:41:50 GMT

Well that link said 10 years! I have google child support laws in Indiana and can come up with nothing........grrrrr.

My husband is so stressed out I fear he is going to have a heart attack. I've just been praying God will lead us to someone who knows something!

I told him if we do have to get a divorce, He's really gonna have to change his ways or I won't remarry him! HA!

Re: Need expert help asap

Anonymous — Thu, 23 Aug 2007 13:19:05 GMT

McManda34 wrote:

Well that link said 10 years! I have google child support laws in Indiana and can come up with nothing........grrrrr.

My husband is so stressed out I fear he is going to have a heart attack. I've just been praying God will lead us to someone who knows something!

I told him if we do have to get a divorce, He's really gonna have to change his ways or I won't remarry him! HA!

I think the SOL on this debt is 6 years which explains why they are suing now. The time on judgements is 10 years but thats one the judgement is entered.

Dont divorce him He didn't do it!!! LOL!!!

Re: Need expert help asap

Anonymous — Thu, 23 Aug 2007 14:05:09 GMT

I found this on the states website. Thoughts anyone?

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.

Re: Need expert help asap

Anonymous — Thu, 23 Aug 2007 14:08:59 GMT

Hi McManda34,

Wow. I'm really sorry about your situation.

It sounds like a "let's throw it on the wall and see if it sticks" scenario - since they couldn't collect from the mother, they're trying to collect from your husband.

I understand why the attorney is filing for continuances - that is actually a good thing. It's a stalling tactic to extend the time in hopes that the plaintiffs "trip up" when they're building their case (plaintiffs lose or can't get the proper documentation, witnesses' memories begin to fade because of time, plaintiffs just give up because it costs more to continue).

However, I'm a little concerned because based on what you are saying, the attorney is not doing much else. The attorney should have had you bring every single piece of documentation in about this, including the divorce decree, the cashed check from the mother for the co-pay, and the documentation where the mother signed the responsible party page. After reviewing the documentation, the attorney would then recommend the best course of action for you.

Talk to your attorney again. Express your concern that you don't think that much is being done about your case. Find out why he's filing the continuances, and what he's doing to prepare for your defense.

Good luck.

Re: Need expert help asap

Anonymous — Thu, 23 Aug 2007 14:18:30 GMT

Definitely Jenn, couldn' have said it better myself

Re: Need expert help asap

Anonymous — Fri, 24 Aug 2007 01:08:56 GMT

Just thought I'd let everyone know...........we went to a different atty tonight and we are going to try to settle. We will probably have to pay 20 grand........seems so unfair. I feel sick. Thanks everyone for your help and advice.

Re: Need expert help asap

MidnightVoice — Fri, 24 Aug 2007 01:13:36 GMT

I HATE the American medical insurance system. Especially as I have lived under a different one. There is nothing wrong with the medical care in this country, but the way it can destroy lives through medical bills is absolutely disgusting.

Re: Need expert help asap

Anonymous — Fri, 24 Aug 2007 01:19:46 GMT

Well, I'm trying to not cry because we plan on sueing united health care so maybe we can recoup some of the loss. please pray for our family.

Re: Need expert help asap

fused — Fri, 24 Aug 2007 01:34:59 GMT

MidnightVoice wrote:

I HATE the American medical insurance system. Especially as I have lived under a different one. There is nothing wrong with the medical care in this country, but the way it can destroy lives through medical bills is absolutely disgusting.

Who's fault is it? The doctors, hospitals, insurance companies or ambulance chasers (paralegals camped out in the ER parking lots ). Maybe it's the pharmaceutical companies...yeah they're greedy too just like the insurance companies! I have been working in the healthcare industry for some time and it's a real grind!

Re: Need expert help asap

Anonymous — Fri, 24 Aug 2007 02:08:13 GMT

McManda34 wrote:
Hello,

My husbands daughter had knee surgery in 2005. Unfortunately he doesn't have a great relationship with her and knew little of the details. However, we do carry United Health care insurance for her. In May of 2007 we received a letter from an Attorney stating we were being sued for $35,000 for unpaid medical bills. Apparently 9after hours on the phone with UHC) it was determined that the claims were submitted in a timely mannerr, just denied becasue they wanted further information....ie....how the accident happened. Either the MD or the chil'd mother did not provide this information. I am not sure who UHC called to obtain this ifo but anyway the claims have all been denied and now it is to late to resubmit (so UHC says). The child mother has filed bankruptcy so now, 2 years later, we are getting sued for 35 grand. We have hired an attorney who has not done much except keep us out of court by getting continuences. No where in the paternity agreement does it say the father of the child is responsible for unpaid medical bills. Also when she went in for the surgury, my husband gave the mother a check to cover the co-pay and deductable so it wouldn't cost the mom anything out of pocket. The mom signed the responsible party page which states she is responsible for what ever the insurance doesn't pay (which should have been zero since we paid the deductable and co-pay).

We have been married 15 years, and have always worked hard to pay our bills and maintain good credit. It just seems very unfair.

We have paid our Attorney $750 and don't really know where to go from here. Do wee sue the insurance company? Any advise?

Thanks!

get another attorney!!!! I believe if the mother signed she is responsable. Just because DH is on the ins police does not make him responable.

Re: Need expert help asap

MidnightVoice — Fri, 24 Aug 2007 02:10:54 GMT

fused111 wrote:

Who's fault is it? The doctors, hospitals, insurance companies or ambulance chasers (paralegals camped out in the ER parking lots ). Maybe it's the pharmaceutical companies...yeah they're greedy too just like the insurance companies! I have been working in the healthcare industry for some time and it's a real grind!

The government's for not joining the rest of the civilized world with a basic universal healthcare system

Re: Need expert help asap

fused — Fri, 24 Aug 2007 02:20:15 GMT

MidnightVoice wrote:

fused111 wrote:

Who's fault is it? The doctors, hospitals, insurance companies or ambulance chasers (paralegals camped out in the ER parking lots ). Maybe it's the pharmaceutical companies...yeah they're greedy too just like the insurance companies! I have been working in the healthcare industry for some time and it's a real grind!

The government's for not joining the rest of the civilized world with a basic universal healthcare system

Another government program...no thanks it will never work, providers and facilities (hospitals) are not interested in crummy reimbursements. Fee for service is the only way!