Legal Question in Credit and Debt Law in Georgia
My ex-spouse has primary custody of our son. Per our divorce decree, I am to provide health insurance as well as half the cost of medical bills after insurance has paid its portion. I send her a substantial amount each month (above and beyond child support) to cover my portion of such expenses so that she doesn't have to request additional funds from me on a regular basis.
She recently took him to the ER. The hospital filed against my insurance but then decided to bill me directly for the remaining charges. If she is the one who took him to the ER, do they have any legal right to pursue me directly to pay the bills? I know she would have a right to demand half the cost from me (if the amount I send each month were not more than enough to cover my portion). However, the ER seems to think that b/c I am primary on my son's insurance, I should be held directly responsible for these charges. Meanwhile I was under the impression that she would have had to sign a form indicating her willingness to pay remaining charges (after insurance paid its portion) upon his admission to the facility--thereby automatically putting her info in the "bill to" section of his file. Please advise.
Note: I reside in GA. She and my son reside in NY.
2 Answers from Attorneys
The issue has nothing to do with insurance.
The child is yours and legally you and her can be held responsible for any expenses incurred by the child. The dispute between you and her has nothing to do with the hospital.
Where was the divorce decree entered? It does make a difference. If it was New York, then you should direct your question to a New York family law attorney.
Why is this an issue? Both parents have an obligation to support their children. Support includes medical care. You owe the money and if your ex-wife did not pay the hospital would come after you. So why does it make a difference if the hospital bills you directly?
What I would do is pay the bill and make a photocopy of your payment and the bill. I would write a letter to your ex-wife and tell her her monthly support check is limited to the amount in the order. Send her a copy of the hospital bill and your payment and tell her that you have taken care of the excess. Ask her to reimburse you for her half. If she does not, then next month again send her only what is required and tell her that you are deducting her half of the medical bills from any excess that you would send. Keep doing this until you have been reimbursed.
Personally, in my experience, hospitals may do an adequate job of providing medical care, but regardless of how big or small the hospital is, they cannot bill correctly. The errors are legion even if its your own bill. So I would not be raising an issue with the billing - they are not going to change their ways just for you and all you will do is get upset.
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