Legal Question in Family Law in Texas
Medical bills responsibility
My ex-wife and I separated in June 2001 when I moved from Texas to Indiana. She and her children were maintained on my health insurance through the day the divorce was final. During this time, my ex-wife racked up some substantial medical bills, many of which are looking for me to cover the amounts not covered by insurance. The Indiana courts were unwilling to include anything in the decree regarding medical bills. My divorce attorney states that according to Indiana law I'm not financially responsible for these bills. Is that still the case since she maintained residence in Texas, or am I responsible to pay her bills?
2 Answers from Attorneys
Re: Medical bills responsibility
In Indiana, unless you specifically signed paperwork agreeing to be responsible for her medical bills, you are not responsible for her medical bills -- especially if the court didn't order you responsible.
So, she can whine about those bills all she wants. It's on her dime.
Re: Medical bills responsibility
Under Texas law, each spouse is responsible for payment for necessaries (which certainly includes medical treatment) provided to the other. Additionally, under Texas law, the unpaid medical expenses would be debts belonging to the community.
I am very surprised that Indiana law did not permit allocation or mention of the debt in the divorce decree, and I would be very surprised to learn to Indiana law does not make a spouse responsible for the cost of necessaries provided to the other spouse during time of marriage.
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