[MIbusybusy]

I’m hoping someone out there can help. I was recently served with a summons for a medical bill. This all started when I noticed an unfamiliar collection agency on my credit report. I sent them a request for validation. They sent me a 7 page document, 3 pages of credit validation laws, the other pages were a breakdown of charges for an emergency room visit for my daughter. My ex-wife had taken her to the emergency room and the ex used her insurance for the charges, my name appears no where on the paperwork, only my daughter’s name and my ex-wife’s name appear. Two days later I was served with a summons for the medial bill. I received advice that I should answer the summons and also file a counter suit to keep the law firm from selling the debt. I have written a general answer, but I’m having some trouble with my affirmative defenses and the counter suit. Does anyone have any suggestions for me? I’ve attached the summons and a copy of what I have so far for the court. Any help or direction would be greatly appreciated.

[jlynn]

OP - I'm just talking out loud.

In the pdf What does that statement under "General Cases" mean?
Why are you neither admitting or denying - shouldn't they just be a denial?

Are you liable for any part of unpaid medical under a divorce decree?

[MIbusybusy]

In the divorce I'm responsible for 50% of the medical costs.

[Enigma]

A very brief read of the MI Statutes would indicate that you are not responsible for your child's medical costs under the Doctrine of Necessaries as ruled upon by the MI Supreme Court in FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code

However, you write that per your divorce decree you are responsible for 50% of the medical costs for your child.

You need to determine what the actual remaining charge after insurance has paid. Then you are responsible for the remaining balance at 50%.

Your possible Affirmative Defenses are, wrong party, wrong amount, never received a billing statement therefore no account stated.

I don't really like your answers.

Possible solution; pay it. It's your child that needed medical care irrespective of your feelings for your ex-wife. By paying it you avoid a judgment against you. Even though you may be able to have the judgment set aside, it's simply not worth the hassle.

You can then go back after your wife for the difference. Or in the alternative, depending on the terms of your divorce decree, if you pay alimony to your ex-wife, reduce the next payment or several payments by the amount you pay her. If that remedy is not practical, the difference that is owed to you, book it as additional alimony and take the tax deduction.

[hannah]

Originally Posted by MIbusybusy

In the divorce I'm responsible for 50% of the medical costs.

Is this the 50% of the costs? Have you spoken to your ex about this? What does she say occurred and were you ever billed? Do you have custody?

[MIbusybusy]

This charge is not 50% of the medical costs. Based on the "validation" that was sent this is the entire bill. I am the custodial parent. When I talked to my ex-wife about it she denied any liability. I'm not opposed to paying half of the bill because that's my responsibility, but the ex refuses to pay the other half of the bill. My only concern is keeping the judgment off my credit.

There is no alimony to my wife. So decreasing her alimony isn't an option.

[hannah]

Originally Posted by MIbusybusy

This charge is not 50% of the medical costs. Based on the "validation" that was sent this is the entire bill. I am the custodial parent. When I talked to my ex-wife about it she denied any liability. I'm not opposed to paying half of the bill because that's my responsibility, but the ex refuses to pay the other half of the bill. My only concern is keeping the judgment off my credit.

There is no alimony to my wife. So decreasing her alimony isn't an option.

Let me tell you a little story...I was the custodial parent. Per our divorce agreement my ex was supposed to keep health insurance on our two kids. One had to have a tonsillectomy. His insurance was primary and had a long history of not paying very quickly. My insurance wouldn't pay before his insurance because they were secondary. Nine months after my daughter's surgery, I was turned over to collections for the surgeons bill and the hospital bill because I was the custodial parent and there was the threat to sue me and garnish my wages. I paid it off over the course of the next year. Lo and behold a few months after the bills were paid, the surgeon's office called and told me that my ex's insurance finally sent them the money. BUT - by law, since the bill was already paid, they had to reimburse the insurance money to the insured, SO the money was sent to my ex not me even though I had paid the bill. My insurance reimbursed me their part of the bill which was a tiny amount. I called my ex and tried to get him to send the money and he would not. My divorce attorney told me that since my ex had moved to FL I would have to hire a licensed attorney in FL to go after him for the money. After a few phone calls to attorneys in FL, it was obvious it was going to cost me more to go after the money than the total amount I was out. SO....the moral of this little story? The custodial parent is ultimately responsible for any bill for the child. Not the ex. You have to enforce your right to the money to be paid by your ex in a civil court of law if you can and in the meantime, you just have to pay it. If you don't want it on your credit report, negotiate it with the collection agency or the medical provider to that effect. Sorry, there are no happy endings to this and no easy solutions as life is not fair. Never has been, never will be.

[jlynn]

Originally Posted by MIbusybusy

the ex used her insurance for the charges,.

Do you also have insurance on the child?

But I'm with Hannah since you are the custodial parent. You are probably going to have to pay this, and sue her for her share. If you are nearby though, you can probably do this in small claims, and with a certified copy of your divorce decree that spells out she pays 1/2, it should be relatively simple.

But by the same token, I am still with Enigma that I don't like your answers- their complaint is not an accurate rendition of the reason you *might* be liable for the account.

Now the funny thing would be to try and get them to settle for 1/2 and sic THEM on your ex.

[hannah]

This may be useful. See attached.

[Enigma]

Originally Posted by hannah

This may be useful. See attached.

There is no Affirmative Defenses and as written it may not survive a MSJ on the pleadings.

You have the Affirmative Defenses wrapped up in the answer.

You could leave the answer as is, but separate the defenses out and put them under their own heading.

[hannah]

Originally Posted by Enigma

There is no Affirmative Defenses and as written it may not survive a MSJ on the pleadings.

You have the Affirmative Defenses wrapped up in the answer.

You could leave the answer as is, but separate the defenses out and put them under their own heading.

Thanks for the critique...can you be more specific so I might learn?

[Enigma]

Originally Posted by MIbusybusy

This charge is not 50% of the medical costs. Based on the "validation" that was sent this is the entire bill. I am the custodial parent. When I talked to my ex-wife about it she denied any liability. I'm not opposed to paying half of the bill because that's my responsibility, but the ex refuses to pay the other half of the bill. My only concern is keeping the judgment off my credit.

There is no alimony to my wife. So decreasing her alimony isn't an option.

Then pay it!

That is the easiest and most cost effective way of getting it done.

Then as others have pointed out, go after your ex.

But in the mean time, if you have insurance on your child, have the insurance company send you an extra insurance card to send to your ex-wife.

You have a piece of paper from a judge called a divorce decree. That piece of paper only has meaning between you and your ex-wife, to put it bluntly, the rest of the world does not care.

Your ex-wife has chosen to ignore a court order. Your only option is to go back to court and have the judge order her to pay it. But she can choose to ignore that order too. You'll have a judgment against her, but you will have to try and collect.

For less than $600 do you really want to go through all that aggravation and expense and perhaps hear child saying, "daddy's taking mommy to court again".

[Enigma]

Originally Posted by hannah

Thanks for the critique...can you be more specific so I might learn?

Actually, from what I read concerning MI Child Support laws, there is no defense. The custodial parent is 100% responsible for the well being of the child and must seek reimbursement from the non-custodial parent in accordance with the Child Support Order.

That being said, it appears that if the ex refuses to abide by the court order then it is a felony and the OP needs to contact his local State Prosecutor. However, most of the SP websites say they will only take cases in excess of $5000.

But to answer your question, give me a moment.

[Enigma]

ANSWER AND AFFIRMATIVE DEFENSES

DEFENDANT XXXXX appearing pro se, answers the complaint of Plaintiff and, in responses to each numbered paragraph thereof, and states:

1. Admitted as to being responsible for the minor child, otherwise without knowledge and therefore denied.

2. Without knowledge and therefore denied.

3. Admitted as to purported cause of action, however Defendant deny that any breach occurred, or in the alternative assert that any such breach should be excused by the Plaintiff’s conduct, as Defendant has had no contact with Plaintiff prior to the filing of this instant action..

AFFIRMATIVE DEFENSES

1. Plaintiff failed to allege ultimate facts to establish existence of a contract.

2. Defendant allege that the Plaintiff herein and each and every purported Cause of Action in the Complaint are barred because Plaintiff has engaged in acts and courses of conduct which rendered them in pari delicto.

3. Plaintiff’s action is barred by the statute of limitations.