Who is Responsible for Medical Bills During Separation?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“Who is responsible for medical bills our children incurred during our separation before the divorce was final?  Our decree states that medical bills are split 50/50, but is that AFTER the decree is finalized or from debts from before? Specifically, our oldest daughter started braces during our separation.  We both agreed that it would be in her best interest, and my ex-husband has been paying the bill.  He now states that because our decree states that I am responsible for half, that I owe him half of the payments since the beginning of treatment, not since the decree was finalized in December 2012 (she started braces in April 2011).  My argument is that he verbally said to me that he would take care of the braces, but now he wants me to pay half.”

In this situation, you should contact an attorney to go over the document with you and clarify your requirements.  Your divorce decree will have terms in it that define the time period.  If that document is unclear or needs to be modified, your attorney can file for that modification to clarify the medical bill situation.

My son filed for divorce in FL.  He is on his own and unemployed and she’s refusing to let him see his baby who he has taken care since he was born.  Is there any kind of emergency form he can file to see his child?  It may be another month before his case is heard. Or do you know any lawyers in Brevard County, FL that would take his case for free or cheap?  He already paid the $450 to file for divorce. He needs help with the father’s rights visiting him; it’s been 3 weeks and she’s not let him see him I’m sure he’s wondering where his dad went.  She’s the one in Dec. that told my son she wanted a divorce and that she hadn’t loved him in a while.

In this situation, it is VERY IMPORTANT that your son get an attorney to represent him.  His future relationship with his child is at stake, and it is better to make sure he gets it right the first time. Divorce and custody are very complicated and it will be *MUCH* more expensive for him to correct mistakes.  Since the costs are a concern, you can contact a local Bar Association and ask for the contact information for a pro bono family law attorney, who will work either for free or at a graduated pay schedule according to what you can afford.  However, it is very important for him to get representation in this case.