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-   -   Who's Debt Is It? (https://www.askmehelpdesk.com/showthread.php?t=21204)

  • Feb 20, 2006, 07:47 AM
    Satira
    Who's Debt Is It?
    My -H- and I were married for 21 years. During 99.9% of that time, I didn't work outside the home at his insistance! In fact, he threatened, several times, to divorce me if I got a job due to his fanatical belief in children needing a parent at home and his distrust of day-care.

    Three years ago, my son's appendix became inflamed and he had to be hospitalized. My ex parked the car while I signed my son in--thus my name and signature are on the hospital paperwork and guarantee of payment. Of course, we had no insurance. My ex had promised to complete the paperwork for insurance at his job months before---and he'd never done so.

    When I left the marriage two years ago my ex promised to pay off the hospital bill for the appendicitis, which was in excess of $20, 000.

    There was no property settlement per say. I wanted nothing from the marriage and walked out with exactly that. I have full custody of my son. He got the house, the car, and all the other property amassed during our marriage including furniture, electronics, even the dishes... I left with the clothes on my back and some personal items. I didn't even ask for child support. I just wanted rid of him.

    Now, the hospital is calling me and threatening to garnish my wages. I make half what he makes and have a dependent. He's paid nothing on the bill--which isn't surprising since he's broken every other promise he's ever made.

    I could sue him for alimony, as well as child support and win, but all I want is this off my credit and the debt paid. Period. I don't want money from him--I just want him to take care of his obligation to his son and his son's health.

    This is my question: Can I make him legally obligated to pay off this debt and have it removed from MY credit as well as the hospital debt records? Can I convince the hospital to transfer the debt to him without a court order? And if not, Is there a way to have a judge legalize the transfer of debt?
  • Feb 20, 2006, 08:15 AM
    fredg
    Hi,
    You need a lawyer. I am not a lawyer, nor a Professional in these matters.
    You really, really needed a lawyer when you Divorced, with Divorce Papers set up outlining all this beforehand. It's his word against yours, about the hugh hospital bill.
    Please talk with a lawyer, and there may be a chance of winning a suit against him. It would be up to the lawyer. I do wish you the best of luck.
  • Feb 20, 2006, 08:16 AM
    mr.yet
    You will have to obtain a attorney, this is complex, you should have the attorney file for support and medical ins. For the children.
    By you signing the paper work for the hospital you are legal respondible, but you should be able to get him to pay half.
  • Feb 20, 2006, 08:44 AM
    Fr_Chuck
    You made some very unwise choices when you got divorced, You should have gotten about 1/2 of all the property and had been receiving child support. Also all debts should have been spelled out in divorce court and in the settlement of property.

    But that is grass behind you now.

    If I understand this correctly this was after the divorce and you had full custody of your son. So you are resonible and most likely would have been even if your ex had signed him in, since you are the custodial partent unless your child custody agrrement holds him responsible.

    But even if the child custody agreement holds him responsible, they can still come after you and you have to go after him.

    Next get an attorney, child support is something he owes his son, not something between you and him make him pay it. Next you need to go back to court with the child custody and also make him include him on all future medical insurance and have him held resonsible for 1/2 of all medical costs not covered by insurance.

    On the 20,000, first you needed to address this long ago before it became a collection issue. There are often social programs to help pay uninsured people plus often the doctors and even hospital will write off a portion of a bill. Last month I wrote a letter for someone and their doctor took off 1/2 of what he was owed to settle.

    You need to stop being so nice, get an attorney and get what is legally and rightfully yours.

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