Legal Question in Family Law in Texas

Implied Financial Responsibility?

Can my husband's ex-wife indicate that I am the party financially responsible for dental/medical expenses not covered by insurance? (My husband is responsible for only 50% of uncovered medical/dental and we provide his daughters health insurance.) I have recently received a bill from his daughters' dentist that indicates an account was set up in my name (not my husband's or his ex-wife's) and I am being held responsible for the remaining balance. I cannot imagine that it can be legal for someone to whom I have no legal obligation to set up an account in my name that could ultimately affect my credit and incur charges without my prior knowledge and consent. We have so many problems with his ex-wife. I would like to know how I protect my rights and my credit. (I have confirmed with the dentist office that she directed them to bill me.) Are there any actions that I can take to end the continued harrassment?

Any information in this regard would be greatly appreciated.

Thank you.


Asked on 4/01/00, 5:27 pm

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: Implied Financial Responsibility?

Can she? Yes. Should she? Never. It is the same as if I were to open a charge account in YOUR name and charge items to YOU.

And it CAN end up on your credit report. How do I know this? It actually happened to me several years ago. There are still two items on my credit report that were the result of another person opening an account in my name. The merchants won't remove them, but you can have a statement put in your file.

You need to clear this up with the dentist immediately before something like this happens to you. If the ex-wife persists with this behavior, it is possible for you to obtain an injunction prohibiting her from doing that. Obtianing an injunction might get a little pricy, though.

Having said that, it is possible to ask the court to enforce the divorce decree to require her to pay her share. As to the relationship between your husband and the dentist (or any third party), that is between them and your husband. He, and the ex-wife, have an obligation to support the child. It is usually far better to work things out with the third party and leave the court action between the parents.

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Answered on 4/14/00, 5:34 pm
Donald Teller Law Office of Donald E. Teller, Jr., P.C.

Re: Implied Financial Responsibility?

Obviously you do not have a legal responsibility here, but

people can set up accounts in other people's name. I would

write a certified letter to the dentist telling them to undo

this immediately. If they refuse, you can use court remedies

however they will be expensive. Two court options would be an

injunction or a declaratory judgment action. In the declaratory

judgment, you could also request attys fees to be reimbursed by

the dental office (I would probably bring the action against the

dental office and the ex-wife). Keep in mind that these would be

expensive for you to pursue and the best option is to work something

out.

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Answered on 4/17/00, 1:42 pm


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