Need expert help asap

Anonymous · ‎08-22-2007

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!

Anonymous · ‎08-23-2007

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.

Anonymous · ‎08-23-2007

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?

Anonymous · ‎08-23-2007

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.

Anonymous · ‎08-23-2007

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.

Anonymous · ‎08-23-2007

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

Anonymous · ‎08-23-2007

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

Anonymous · ‎08-23-2007

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

Anonymous · ‎08-23-2007

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!

Anonymous · ‎08-23-2007

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!!!