Legal Question in Family Law in California

Divorce and Medical bills.

I am currently paying my ex-wife the child support payments each month. In 2007, I filed chapter 7 personally as a result of a bad company that I had purchased. The company was sold in Federal BK court and I have moved on. My ex-wife claims that I owe $30,000 in past due medical bills which for I need to reimburce her. I have told her that I do not have the money and that I have filed personal BK and I am no longer responsible for them. (all bills were incurred prior to my personal BK). In our dissolution agreement, we are both responsible for 50% each of the children's bills. To make matters a little more complex, my boys insurance was through my company. When the company went under I was not able to provide insurance for my children for at least 4 months, which was when approximately $10,000 of the $30,000 was incurred (note prior to my personal BK).Am I under any legal obligation to pay back my ex-wife for any of the incurred medical debt?Also, I am currently in law school. Can she force me to quit school and repay the debt?�


Asked on 11/15/08, 4:00 pm

2 Answers from Attorneys
James Chau Law Offices James Chau

Re: Divorce and Medical bills.

The bills if they were incurred during marriage are community debts. The bills if they were for the children, are typically the joint responsibility of the parents and that should be discussed in the marital settlement agreement. I would consult with an attorney in your area to see if you can get an opinion and course of action for this.

As always please consult with an attorney in your area prior to making any legal decisions.

Good Luck!

Law Offices James Chau

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San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 11/17/08, 2:17 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Divorce and Medical bills.

Did she give you notice of the medical debt before you filed BK? Did you list her as a creditor? I'd need more information but it's likely that any debt incurred for medical purposes prior to the BK has or can be discharged. It is best to discuss this with the attorney that handled your BK.

Nobody can make you quit law school.

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Answered on 11/17/08, 6:09 pm


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