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Can we sue my husbands ex-wife if we pay off medical bills for his kids that she let get sent to a collections office?

Mountain Home, AR |

My husbands ex-wife had medical bills for the kids sent to collections, they are all from 7 to 9 years ago and are in her name only. They are all dated before their divorce was final but he didn't know about any of them until last august, and now the collection agency has contacted him and wants him to pay. If we pay these bills in full can we sue her for her half of them, our worry is we will never get back the money for her part, but we don't want them to end up on his credit report, what are our options??

Attorney Answers 3

  1. Best answer

    The statute of limitations for medical bills is only 2 years, so you need to investigate before you do anything. If you make any payment, even $1.00, you will revive the statute of limitations.

    Plus, if they are in her name only the collector has no grounds to hold your husband liable -- his ex may have a claim against him if he was ordered to pay part or all of them in the decree, but not the collector.

    This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation.

  2. You should consult with a local family law attorney to see if the divorce decree assigned these debts to the ex-wife and what options you have moving forward.

  3. You probably should consult with a local family law attorney about this.

    Additionally, you should check on the statute of limitations for your area. The debts may be barred by the statute of limitations (those debts are pretty old) and to demand payment may be a violation of the FDCPA.

    I would think that your husband is equally responsible for his kids' medical care. There may be something in the divorce paperwork about assigning liability but I would expect your husband (children's father) to be responsible.

    Good luck.

    By answering this question, general information is provided and no attorney-client relationship is established. For specific inquiries, you should consult with experienced counsel in your area.

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