Legal Question in Family Law in Texas

Non-custodial Parent Incurring Medical Bills For Minor Child

The child lives in TX with the Father who has legal custody. Both parents are required to peovide Medical Insurance. The father sent the 14 year old child to the mother for a brief 4 week visit, the first time the mother saw the child in 6-7 years, since the last court date. The mother did not want the visit, and has made no attempt to keep in regulat contact with the child. During the visit with the mother, the child felt the need for medical attention for various minor medical ailments, and the mother has had the medical establisments send the father the bills. The father had not given the child or the mother his permission for any medical treatment, nor was the father consulted first. No attempt to contact the father for his approval was made. The father found out about this matter from the minor child, who he maintained close contact with during this visit, using the telephone.

Is the primary-custodial father legally responsible for these debts?

Thank you for your help- the step-mother


Asked on 8/04/00, 12:17 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Non-custodial Parent Incurring Medical Bills For Minor Child

In ordinary situations the bills are submitted to the insurance carrier and the deductible or any amount not covered is split by the parents.

Your husband may have to return to court to enforce the divorce decree and the requirement that the mother maintain health insurance.

He is liable for 1/2 of any amounts not covered by insurance. He should have been consulted. These things should be covered by his divorce decree.

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Answered on 9/13/00, 5:47 pm


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