In a divorce which parent is responsible for the co-payments on medical care?

UPDATED: Jul 21, 2010

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UPDATED: Jul 21, 2010Fact Checked

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In a divorce which parent is responsible for the co-payments on medical care?

My ex husband took our daughter to ER. At the time my daughter didn’t live with me so I had no knowledge of visit. I have 2 $50 co-payments that he didn’t pay when services were rendered. When I take her to ER or doctor visits I pay any co-pays at time of service. I also pay $160 month for insurance plus any meds. Our divorce decree states if I can’t pay for any of her medical expenses he would be responsible. Collection agency said they don’t care what divorce decree states – both parents are responsible for her care

Asked on July 21, 2010 under Bankruptcy Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What the collection agency is basically saying is that they are not a party to the divorce agreement and they are going to go after both of you.  But are they going after you primarily because you are the primary insurance holder for your daughter, correct?  Probably.  I hate to answer a question with a question but: what does your divorce agreement state as to this issue?  Are each of you responsible for the co-pays when you go to a medical provider?  Then you will have to go after him for the money separate and apart from the issue of paying the bill. That will have to be paid.  And they will continue to ruin your credit should you not deal with it now. Good luck.

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