HellBill » Hell Bill Area: » Bill Collectors » Law question about hospitals

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  #1 (permalink)
: My mother and father are divorced. My mom has custody of me and my dad has custody of my brother. My brother got hurt and went to the hospital with my father, where my dad signed the forms to get billed. On the form it asked for the biological moms name, so he put my moms name down. He hasn't payed the bill and collectors have been calling him for a year. They are now coming after my mom and saying she hast to pay this bill and is now going to give her bad credit. She has never been notified about a bill until 2 days ago saying she is going to get bad credit. they are saying since she is his mother she has to pay it since the father wont. IS THIS LEGAL? I believe this is very illegal. My mom isn't responsible for my brother and didn't sign the form.

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  #2 (permalink)
: You are correct. Your mother is not responsible for the bill.
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  #3 (permalink)
: Your mother actually may be responsible here. I suspect that even though each of your parents have physical custody of one child, there is actually a joint custody order from the court. This means that as the parent of a minor child, your mother is responsible for the medical bills just like the father is. It wouldn't matter that she didn't sign the forms. As a parent she is responsible. So as far as the hospital is concerned, yes she probably is liable. But that doesn't mean that she can't go after the father for the money after fact. She would need to read the divorce settlement. If there is language regarding financial responsibility for children that contradicts that, she can sue in court for the money.
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  #4 (permalink)
: Best that she talk to her lawyer first about the matter to fully understand what her rights and obligations are in this matter. Without knowing what exactly is in the court papers that set up custody, it's anyone's guess as to what her actual obligations are, and if she is also responsible for the bill.
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