Question about medical bills for kids

[Jgoodall08]

I have medical bills for my 4 kids...
2 of the kids are from my previous marriage..
I'm married filing solo...my ex is responsible
For half the bills per the divorce agreement
And I guess technically my husband is
Responsible for half of our kids bills...
So what happens with them? I'm assuming
They won't get discharged and I should keep
Paying them...

[justbroke]

Anything that is part of a domestic-support obligation (DSO) is non-dischargeable. You can't "stiff" the non-debtor ex-spouse in this case. The debt will be non-dischargeable and will pass through the bankruptcy discharge, unaffected.

[Jgoodall08]

Anyone know about the medical bills for my kids
With my current husband if only I'm filing?

[justbroke]

Unless you're in a community property state, your husband would be stuck with the bills. You would discharge the medical bills for the healthcare for the children that is not part of a domestic support obligation.

[frogger]

my ex is responsible
For half the bills per the divorce agreement

Your divorce agreement may list who is ultimately responsible for the medical bills, but....

Whoever the adult was that took them for medical services is actually responsible in the eyes of the doctors (and the court systems). When you take a minor for medical care, "someone" signs that they are responsible for the decisions and payment for the bill.

So, if you took the kids for medical treatment, it is your responsibility to pay for the services, and then collect whatever portion from the ex that is deemed to be their responsibility by court documents.

Your divorce decree does not mean anything to those providing medical services and they are not obligated to honor it or fulfill any of its terms.

That's all on you.

[Jgoodall08]

I'm confused. I'm in CT. It's not a community
Property state. So if I'm the one that took em to
The dr a I signed the papers then I should be able
To discharge all of it?

[justbroke]

There are two different issues here! One is that of a domestic support obligation (DSO). If the debt was incurred under a DSO, then it is non-dischargeable (period).

As for your children that are not part of a DSO, frogger is talking about who incurred the debt. Unfortunately, I don't think it's that simple as assigning the debt to a person. Usually, you present medical insurance at the time that care is given. That medical insurance is probably a family plan and is a joint debt. However, one spouse -- in a non-community property state -- may be able to discharge the debt, but the debt may still stick to the other spouse. That specific question is a good one for a bankruptcy attorney -- as to whether medical debt would stick to the non-debtor spouse.

As to why a medical provider would care who is listed in a DSO is also correct. They will still go after the person who incurred the debt. The DSO allows the "injured" party to implead the actual owner of the debt if the medical provider sues to collect. In some situations, it's better for the "injured" party to just pay the debt, and then open up a dispute in the family court to enforce the provisions of the DSO and collect that which is owed.

(When I used "injured" I do not mean medically injured. The "injured" party in a lawsuit, is the one that has some loss.)

[frogger]

I'm confused. I'm in CT. It's not a community
Property state. So if I'm the one that took em to
The dr a I signed the papers then I should be able
To discharge all of it?

You should be able to discharge the debt if you are the one that signed responsibility for it.