ex-husband filed bankruptsy still owes medical for our daughter

by Shelley
(Chandler, Az, Maricopa)

My ex-husband owes me huindreds of dollars for our daughters medical expenses. He filed bancruptsy and I don't know if I need to file claims to the bankruptsy courts. He has always refused to pay me even though our decree states he pays 70% I pay 30%. She lives with my husband and I except every other weekend and once during the week. Thats if he even takes her. My 2 years is up as far as evaluating the child support. I guess my guestion is, he is telling me he isnt responsible for medical bills because I took our daughter to the Dr. I never recieved any medical cards from him. I have had to find out everything about our daughters benifits from his job. He also has never followed the decree and I'm thinking his bancruptsy should have nothing to do with our daughter and what he owes me. Am I wrong? What actions should I take to fix this, plus get him to do what the decree says. By the way, I am in collections because of the medical bills. There are so many other things that have happened but all I want to be heard. I need to have someone actually listen to me. Do judges do that? Well, thank you so much for your time and I hope I haven't totally confused you!!

Comments for ex-husband filed bankruptsy still owes medical for our daughter

Click here to add your own comments

Aug 16, 2010
Ex's bankruptcy and daughter's outstanding medical bills
by: Mary

Bankruptcy is a complicated process and in your situation it's made even more complicated by the fact that your husband is legally obligated to pay your daughter's medical bills according to your divorce decree, but you are the person who actually incurred the debts. It's not a straightforward situation and you really do need the advice of a consumer bankruptcy attorney to sort it out. It's essential that you clarify your rights in your ex's bankruptcy. It may be that because you incurred the debt, you have no rights, but only an attorney can tell you for sure. (By the way, hiring an attorney to collect the debt is not the answer now that your husband has filed for bankruptcy.)

I think that a consumer bankruptcy attorney could probably answer your questions in a 30-60 minute session, especially if you brought to the meeting a copy of your divorce decree and the medical bills. A meeting of that length should not cost you a bundle.

I am sorry that the resource I referred you to initially was not able to help you. However, here are two other ways to find a consumer bankruptcy attorney in your area: go to the web site of the National Association of Bankruptcy Attorneys, http://www.nacba.com and use the search function on the opening page of the site or google "consumer bankruptcy attorneys in Chandler Arizona.". Call some of the attorneys, explain your situation over the phone and find out how much you would be charged for a consultation. Then schedule an appointment with the attorney you can afford.

I also urge you again to schedule a consultation with a divorce attorney. It's important that you do what you can to enforce the terms of your divorce decree. It is not fair to you or to your daughter that your former husband is refusing to abide by it.

One final thing, was the person you spoke with after clicking on "free consultation" not able to help you because you were not interested in filing for bankruptcy? I want to know why you did not get the help you needed because I want to be sure I refer consumers to quality organizations. So, please get back in touch.

Aug 12, 2010
thank you but I need more help
by: Shelley

First I need to thank you for responding. It helps sometimes to hear the facts from other people. However, I clicked on the "receive a free consultation" and I received a call from a person that couldn't help me at all. If you can maybe give me a contact in Arizona that I can speak with that would be great. I am not the one in bankruptcy. I need to know if I need an attorney to collect un-paid Medical for my Daughter. It seems to me that it is his responsibility regardless of bankruptcy. Am I wrong? I can't afford an Attorney. It's getting down to the wire and I don't know what to do. If there is anyone that can help me I would appreciate it. Thank you for listening. Shelley
Chandler, Arizona

Aug 03, 2010
How will ex's bankruptcy affect money he owes for daughter's medical bills
by: Mary

So sorry to hear about the financial and legal problems you are having. I suggest you do two things right away.

First, consult with a consumer bankruptcy attorney to get clear about your rights in your ex's bankruptcy vis a vis the terms of your divorce agreement. (Note: Your ex cannot use bankruptcy to cancel his child support obligation.) You may also want the attorney to file the claims paperwork for you in that bankruptcy. Click here for a consultation with a bankruptcy attorney.

Second, set up a meeting with the attorney who handled your divorce for help getting the terms of your divorce agreement enforced. (I can assure you that the courts do not look kindly on parents who don't live up to their legal obligations when it comes to minor children.) Be sure to tell the attorney that your ex has filed for bankruptcy. If you and your former spouse handled your own divorce, then schedule a meeting with a divorce attorney in your area.

Best of luck resolving your problems. In the meantime, if you are being contacted by debt collectors about the medical bills your ex has not paid, I urge you to get our ebook Debt Collection Answers. You can read the first chapter of Debt Collection Answers online for free.

Click here to add your own comments

Return to Medical Debt Collection Questions.

Learn how debt collection laws can help you!
This website does not provide legal advice.
All information is for educational purposes only.
Copyright 2007 - 2021 by Mary Reed and Gerri Detweiler.
All rights reserved..
Read our Privacy Policy here. Do not sell my information.