Who Pays The Bill??

[ereeds]

Per my Divorce Settlement 15 years ago my ex carries the medical insurance on my now 17 year old daughter. While dirt-bike riding with me, she made a jump that went terribly wrong and got hurt. I told admissions "My daughter's mom has the insurance and I don't have a card, but here's her phone number." After 2 cat scans and a few x-rays we learn that she has broken both clavicals (collar bones). Two weeks later my daughter's mom calls me and informs me that she got a new job and my daughter doesn't have any medical insurance and didn't at the time of the accident. She then called the hospital and told them that I am responsible for the bill which totals over $6400. The hospital makes me the guarantor of the bill. Legally, the ex is 100% responsible for the bill. The question is how do I place responsibillity back on her without costing me another $2k in attorney's fees yet again? Thanks for reading & replying.

 

[presutin]

Since you don't want to hire a lawyer, you can try to sue her in small claim courts for the maximum amount of $5K. Take the divorce decree with you to court to present as evidence that she is responsible for the medical insurance for your daughter.

 

[Duranie]

I agree go to small claims. Mom is probably responible for 50%. I do not see how she is 100% responsible for the bill, especially since the child was in your care when she was injured. Unless the decree states she is responsible for 100% out of pocket, you are likely liable and you are the person that took her to the hospital and signed the paperwork, so yes the hospital is going to bill you, per the paperwork you signed.

 

[ereeds]

Thanks for the replies. Per the decree, she is to provide medical ins. If not, she is wholly 100% responsible. So I am looking at her contempt. Small claims is for monetary judgements. Not to force someone to pay bill. She will just walk through that judgement as well. I was not aware that daughter had no insurance, had I known, I would have added her to my policy. I am looking for a way out without laying out another 2 grand just to have her not pay up.

 

[Duranie]

you cannot force her responsible for the bill unless you go to family court. You can go to their self help area or see a family law fascilitator there. Otherwise small claims is the only way.

 

[ereeds]

**UPDATE** While doing a little research I checked out the Texas Attorney General website. They enforce child support AND medical support. This is exactaly what I have been searching for. Per the AG's site, they go to bat for the child's best interest, NOT the parent. Will go as far as probation and/or jail time for individuals who refuse to abide by court ordered monetary AND medical support.
Thank you for your input.