Deleted
Posts: 0
Aug 18, 2025 21:03:55 GMT
|
Post by Deleted on Sept 15, 2014 19:21:49 GMT
I know all divorces are different, and what's worked out/ordered will be different from couple to couple.
But here's a question: Husband carries the medical insurance and there is a $5k per person deductible. Wife puts STBX as the guarantor/responsible party on any and all medical visits; not just the kids, but herself. She's had so much stuff done, last year and this year she's reached the $5k out of pocket. So she's built up $10k in medical bills (not including the 20% after the OOP is met). She's putting her STBX name, address, phone, social security number, etc. on each and every doctor form.
Is that standard to do that? I know I put DH on my forms since he carries the insurance, so at first I thought well, that's normal.
But this guy is getting calls, letters, accounts being sent to collections, for her medical bills. Again, this is not for their kids, but her personal medical bills.
Anyone have any experience with this? Who would the provider look to for payment--the patient or the person with the insurance?
|
|
Deleted
Posts: 0
Aug 18, 2025 21:03:55 GMT
|
Post by Deleted on Sept 15, 2014 19:32:51 GMT
Just reread....STBX -- ouch...that's going to be the sticky part unless they are fully legally separated or divorced and have an agreement/decree on settlement of their financial matters.
Unless the divorce decree says he is liable for her medical bills (NOT her medical insurance), then no he should not be liable once divorced. She actually might be committing fraud.
However it could be possible that he agreed in the decree or she is asking him to agree to pay medical bills (or a certain % of them).
He needs to take it to his attorney. If he and his attorney agree he is not liable, I would have the attorney write a generic letter regarding the fact that he is no longer responsible for her medical bills or anything that is not covered under the health insurance. And send the bills back with the letter attached.
But a lot might depend on the timing of the divorce and whether he protected himself financially during any legal separation. Not all states allow for a legal separation where assets/debts are frozen at that point though
|
|
Deleted
Posts: 0
Aug 18, 2025 21:03:55 GMT
|
Post by Deleted on Sept 15, 2014 19:55:19 GMT
That's a sticky situation. If they do not have a legal separation agreement written up, she can put him down because legally, they're still married. If they do have an agreement, there should be a note about health insurance and responsibility of bills. He could find himself on the hook for half of any bills that happens before their divorce is final or an actual legal separation.
Is he still carrying her on his insurance? If so, he'd be responsible as both the insurance holder and responsible party, especially if they're just separated, not legally separated. In this situation, without more details, I'd be calling an attorney if he doesn't already have one.
I know in a similar, not identical, case, my friend was on the hook for half of her ex's debt because they were still married although they had not filed a legal separation (he wouldn't sign off on it because he wanted to be married to her for the money and have his girlfriend on the side). It wasn't until she was finally able to file was she able to separate herself from any attempts on his part to hang his debt on her.
|
|
|
|
Post by littlemama on Sept 15, 2014 19:58:24 GMT
I don't think I have ever been asked for a responsible party. DH carries the insurance, and I think they automatically put him as responsible, which is not correct. If they are not divorced at this time, she should continue to do what she has done before unless expressly told not to, but it may just be the Dr office automatically putting him down, not her.
|
|
|
|
Post by leftturnonly on Sept 15, 2014 20:03:57 GMT
I don't think I have ever been asked for a responsible party. DH carries the insurance, and I think they automatically put him as responsible, which is not correct. If they are not divorced at this time, she should continue to do what she has done before unless expressly told not to, but it may just be the Dr office automatically putting him down, not her. I have been asked on every form we've ever filled out. STBX is ambiguous. If they are still married and there are no legal separation papers stating otherwise, he's still as responsible as he was before, I would expect. |
|
Deleted
Posts: 0
Aug 18, 2025 21:03:55 GMT
|
Post by Deleted on Sept 15, 2014 20:10:46 GMT
I actually wondered if she was committing fraud also.
He left the marital home mid-July 2013, and she filed for divorce a week later. I know they had an order entered early on for what he was to pay while the divorce was proceeding. I don't think medical bills, or at least her bills, were discussed. I know they are each going to be responsible for 50/50 on the kids.
Every time they go to court, she's handing him bills, he's complaining, and she's laughing. But something happened last week in court, where the judge was entering her "suggestions" for a lot of issues because they haven't moved forward at all. When I asked her about the medical bills, she skirted around the issue, said it was confusing, and wasn't a priority. I think she was spanked for spreading his social security number all over, 15 months after the divorce was filed.
But yes, she is still covered under his insurance.
I also know she got in an argument with a billing person at the dentist because the dentist was saying it was her responsibility, and to stop bouncing it back to STBX.
|
|
|
|
Post by leftturnonly on Sept 15, 2014 20:15:38 GMT
Oh, sorry. I missed that she had actually filed for divorce.
Yeah, then she may be on his insurance and be considered the responsible party.
|
|
freebird
Drama Llama
'cause I'm free as a bird now
Posts: 6,927 
|
Post by freebird on Sept 15, 2014 21:15:30 GMT
Well since my husband's ex filed false tax returns when they were separated and also opened credit card accounts in his name while they were married and split, and no one did a damn thing about it, I would say he's probably screwed.
|
|
|
|
Post by scrapsuzy on Sept 15, 2014 21:19:51 GMT
Part of my job is getting billing information from patients in the ER. Regardless of who holds the insurance, we have to put the patient as the guarantor on the account.
While what she is doing sounds wrong, if they don't have anything in writing already then it will have to be settled in court. Meanwhile, it is her bills and she is responsible. If she doesn't pay them, she's going to have to be finding new healthcare providers.
|
|
|
|
Post by k8smom on Sept 15, 2014 21:33:36 GMT
In my case, my ex carried our 2 kids on his insurance and was responsible for all out of pocket costs per my divorce decree, but I've come to realize now that my attorney was on the ball and thought of a lot of stuff others typically don't. He dropped them like a hot potato from his insurance the second they turned 21 and his financial obligation ended, even though it would not have cost him an extra dime to keep them on his plan with his step kids. I had my own insurance through my job prior to the divorce, so he was not required to provide it for me.
Edited to add: I think his STBX is using this as a means to put the screws to him and make him pay.
|
|
