Legal Question in Family Law in Indiana

Re: Unpaid medical bills

You can file a petition to modify or for contempt in the divorce court to question the medical bills. Optionally, you can go to your local U.S. Attorney with a copy of your credit report and seek to have the former spouse sued for fraud in using your social security number.

Re: Unpaid medical bills

A parent of a minor child can always be charged with payment for "necessaries" provided to or for that child. "Necessary" medical treatment costs and expenses are usually considered as "necessaries" notwithstanding whether payment for same has been Court ordered in advance. Also, the Feds via the CSSA, of most states, mandate that medical coverage, insurance or payment for same is prorated, between the parents,and is "above"or an "add on" [to the] sum paid for "basic" Child Support.

Please note, If the medical treatment is found to be "elective" or not necessary to the health and care of the child, then a parent may have the option of not paying, when prior consent and approval for the treatment has not been given; And when available insurance or third party payment was not appropriately utilized.

However, an EX spouse is Not chargeable with the costs for "necessaries" for an Ex spouse, unless specifically ordered to pay for same, is Court ordered or consented to, in advance of the charges or costs.

A person may be charged with fraud, misrepresentation and other crimes, violations or misdemeanors, if they have fraudulently or improperly used your SSN for any purpose. It is a Federal offense.

It is reccommended that you,

First review the specific medical bills and charges and determine the nature of same. Then forward the claims to your medical insurance carrier for legitimate charges re your children. Then, deny the balance of the claims for payment to the medical provider. Then, if all else fails and your paper work is clear, that you should not be charged with the items included, sue your EX, but Only If you are sued, for payment, or incur costs or injury for clearing your credit report of the erroneous charges.

But, please note, if your Child Support is nominal; and you are an inattentive of father, whatever the reasons, suck it up. Use this aa an opportunity to clarify in Court, your full parental obligations for the future.

GOOD LUCK,

PHROSKA LEAKE McALISTER,ESQ.