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I am responsible to pay the Dr’s bills if my ex-wife take my child to as Dr. who is out of the Network from my Insurance plan?

Chicago, IL |

I have my son in my Insurance plan, who is Humana, and I am have one of the best plans; I just got a bill from a Dr. saying I owe 366 Dlls. I know by court I have to put my child on my insurance, any extra cost outside of my plan who is responsible to pay for? When she had the option to take it to a inside the network dr.

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Attorney answers 3


If you were married your divorce judgment should have a section in it addressing who pays medical costs that are not covered. Does she or you or both have to pay? I cannot answer that . Was it an emergency? What does your judgment or parenting orders state about medical costs and these tpes of situations? If you do not understand the orders then take them all in to a local family law attorney to consult with and ask in pperson. She can review your court orders to see who is responsible.

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You need to review the terms of your judgment of dissolution of marriage and see if the agreement deals with this type of situation. If your agreement provides that you must only use in network providers and she took your son to an out of network provider, then you have an excellent chance of having her be responsible if or the additional cost. If however the agreement is silent, then you might consider modifying the agreement to address medical expenses in general so that you both know the rules.


This depends on the terms of the court order or any custody agreement that you and your ex-wife have. Usually custody agreements will detail who pays for uncovered medical expenses and what portion of the bill you are responsible for. If the order/agreement does not require her to use an in-network provider, then technically she has not done anything wrong. However, you might want to get a new court order or modify the agreement to require her to use in-network providers in the future, and detail who pays for what going forward to avoid this situation in the future.

This response is not legal advice and does not create an attorney/client relationship. This response is intended to provide general information about the matter in question. Often, the question does not include important facts that, if known, could significantly change the reply and make it unsuitable.

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