Ex-Wife Signed Financial Responsibilty Form

[seekinghelpny]

What is the name of your state (only U.S. law)? New York
My ex-wife took my 17 year old daughter to a doctor's office. She signed the financial responsibility form. I am the policy holder. The doctor's service was not covered by my insurance. The doctor has tried collecting payment from my ex-wife for the past year. It is now in collection. My ex-wife gave my name to the collection agency. Am I responsible for this payment? I didn't sign anything?

 

[nextwife]

What does your child support agreements state about uncovered or out of network expenses?

 

[seekinghelpny]

What does your child support agreements state about uncovered or out of network expenses?

My agreement states that the mother and stepfather are to provide insurance in addition to the father. After all insurances are applied by the mother then father pays 80 percent. My ex-wife never gave me a bill showing that all three insurances were applied. Also, I never received a bill period until after a year when it went into collection. This has happened before and when I told the collection agency that I didn't sign the financial responsibility form they left me alone. This time I guess I am dealing with a more agressive collection agent.

 

[ecmst12]

You don't owe anything to the doctor or the collection agency. You owe your ex 80%.

 

[OHRoadwarrior]

I disagree. It was up to the ex to provide proof of coordinated benefits. First, if the child actually has insurance provided by all three parents, coverage usually goes by the birthday rule. Parent with birthday first in the years insurance pays, then next parental birthday pays then last parental birthday pays. If your ex and her spouse have insurance also, the balance if anything is usually just the co-pay, for which you would owe 80% or about $16 assuming a $20 deductible. If she did none of this, she owes the bill and you owe nothing, as you have not been provided with a coordinated final balance.

 

[Proserpina]

I disagree. It was up to the ex to provide proof of coordinated benefits. First, if the child actually has insurance provided by all three parents, coverage usually goes by the birthday rule. Parent with birthday first in the years insurance pays, then next parental birthday pays then last parental birthday pays. If your ex and her spouse have insurance also, the balance if anything is usually just the co-pay, for which you would owe 80% or about $16 assuming a $20 deductible. If she did none of this, she owes the bill and you owe nothing, as you have not been provided with a coordinated final balance.

In the real world though, the COMPANY will go after Dad - and legally so.

 

[OHRoadwarrior]

In the real world though, the COMPANY will go after Dad - and legally so.

Problem being dad did not authorize the visit. Unless it was emergency treatment, they will have a hard time making dad pay.

 

[ecmst12]

If the doctor or collection agency were to sue both parents, they might get a judgement against both parents jointly. However short of that, dad did not agree to pay the doctor anything and has no obligation to pay it. They shouldn't be reporting anything on his credit, either, since he has no agreement with the creditor.

 

[Proserpina]

If the doctor or collection agency were to sue both parents, they might get a judgement against both parents jointly. However short of that, dad did not agree to pay the doctor anything and has no obligation to pay it. They shouldn't be reporting anything on his credit, either, since he has no agreement with the creditor.

Excellent answer.

 

[seekinghelpny]

Excellent answer.

Thank you for the excellent information. It was not an emergency room visit. It was an office visit. I did not sign any forms agreeing to pay any amount to the doctor. The collection agency is calling me and sending me letters threatening to contact the credit bureaus to record this delinquent debt my credit history. Can they do that?

 

[swalsh411]

Sure they can. And then you would have to dispute it. How much money are we talking here and how much is your free time worth?

 

[TinkerBelleLuvr]

My question in understanding this is: How can they sue dad when he didn't sign anything?

We have stated that creditors are NOT liable to what court orders state. For example, man and woman divorce. The loan is in both names, but court order states that only one person is responsible for the bill now. We have stated in the past that the creditor does NOT have to follow the divorce decree because the creditor is NOT a party to it.

Now, we have the reverse situation. Mom takes child to doctor. Mom signs financial affidavit. How is it that dad is now a party to this? Totally understand the who thing with the coordination of benefits.

 

[swalsh411]

You don't need to sue somebody to put a deliquent account on their credit report.

 

[ecmst12]

It would not be appropriate or legal for them to report it on his credit report when he did not ever sign anything agreeing to assume this debt. Credit cards can do it because you signed the service agreement. If anything is reported on OP's credit, he has a valid dispute.

They can sue because the patient is a minor and they could attempt to litigate against all parties legally responsible for the minor (both parents). I don't know what the outcome might be if they were to sue, but it would not be inappropriate to name both parents.