
It's not uncommon for ex-partners to have disagreements about financial responsibilities after a divorce, but refusing to pay half of medical bills is a particularly sensitive issue.
In one case, an ex refused to pay half of a $10,000 medical bill after a divorce, leaving the other partner to foot the entire bill.
Medical bills can be overwhelming, especially if you're already dealing with the emotional stress of a divorce. The average person spends around 10% of their income on healthcare, which can be a significant burden.
The court may consider the prenuptial agreement, if one exists, when determining who is responsible for paying medical bills.
Communicating with Ex
Documenting your communication with your ex is crucial when they refuse to pay half of the medical bills. It's essential to keep copies of all conversations, including emails and text messages, to prove that the expenses were discussed and an agreement was made.
You should start documenting your communication as soon as your ex misses the agreed-upon timeframe to pay their half of the expenses. This can be a specific time frame mentioned in your support agreement, such as 30 or 60 days.
Your ex may not take your requests seriously, so it's essential to keep a record of your efforts to communicate with them. This will help you prove that you've made a good-faith effort to resolve the issue amicably.
Financial Obligations
In Michigan, medical debt incurred during a marriage is considered marital debt, even if you're separated and didn't know about it until after it was incurred.
You're liable for the debt if your spouse doesn't pay, and this includes signing documents stating you'll pay for medical bills before, during, or after your marriage.
In some states, the "doctrine of necessities" allows one spouse to be compelled to pay for the medical care of another, but this is considered unconstitutional in Michigan.
If you're divorcing and your spouse is responsible for medical bills, you can seek reimbursement, and the law in Michigan is on your side.
Medical debts incurred by an ex-spouse prior to or after the marriage are usually individual rather than marital debts.
Marital Debts
Medical debt incurred during a marriage is considered marital debt, even if one spouse is the recipient of the care.
In Michigan, a debt incurred during a marriage is a marital debt, even if you are separated and did not know about the debt until after it was incurred.
Signing documents to pay for a medical bill before, during, or after marriage makes you liable for the debt if your spouse doesn't pay.
If you sign to pay for a medical bill, you'll still be on the hook for the debt after a divorce, even if your spouse stops making payments.
In some states, one spouse can be compelled to pay for the medical care of another under the "doctrine of necessities", but this is considered unconstitutional in Michigan.
Medical debts incurred by an ex-spouse prior to or after the marriage are usually individual rather than marital debts.
M.T.G., Esq., New York Attorney
Your attorney can be a valuable resource in enforcing a court order.
If a recent ruling was made in your child support and custody case, your attorney may be able to assist you in getting your ex to follow the court order.
A certified letter from your attorney to your ex inquiring about medical expense reimbursement can help resolve the situation without further litigation.
M.T.G., a New York attorney, advises that if an agreement to pay half is part of a Stipulation of Settlement, it is a contract governed by contract law as well as Family and Domestic Relations law.
You should save up what your ex owes you and sue for a larger balance all at once if this is a pattern of behavior.
Calculating a Child's Costs
Calculating a child's costs can be a challenge, especially when it comes to medical expenses. In Michigan courts, ordinary uninsured healthcare costs are presumed to be $403 a year.
These costs can include prescription drugs, co-pays, glasses and contacts, braces, and visits to specialists.
If you pay child support, part of what you pay is assumed to go toward these uninsured expenses.
Prepare for Court
If your ex is consistently refusing to pay their half of the medical bills, it's essential to prepare for court.
Waiting for your ex to make payments after ignoring letters and breaking promises sets a pattern that is difficult to break.
Eventually, the time will come when you desperately need the other half of your mutual child's uninsured medical expenses, and if your ex is used to you waiting patiently, he or she may ignore a more urgent request.
Instead of setting this precedent, prepare to return to court to get payment.
If your ex is violating a court order, he or she may be held in contempt of court for failure to pay medical bills and forced to pay whatever is necessary to bring the financial obligation current.
Having your attorney send your ex a certified letter inquiring about medical expense reimbursement may help you avoid further litigation.
However, if this is a pattern, it's recommended to "save up" what they owe you and sue for a larger balance all at once.
This approach can be more efficient and cost-effective in the long run, rather than constantly sending reminders and dealing with the emotional stress of waiting for payment.
Rights and Responsibilities
When you're in a relationship, you and your partner typically share financial responsibilities, including medical bills.
In many states, partners are jointly and severally liable for medical bills, meaning they're both responsible for paying the full amount.
If your ex refuses to pay their share, you can try sending a formal letter or email to remind them of their obligation.
In some cases, you may need to take legal action, such as filing a lawsuit or seeking a court order, to get your ex to pay their share.
You can also consider using a co-signer or guarantor to help ensure payment, but this should be a last resort.
Ultimately, it's essential to prioritize your own financial well-being and take steps to protect yourself from financial harm.
Frequently Asked Questions
Are medical bills considered marital debt?
In community property states, both spouses are typically responsible for each other's medical debt. This includes Arizona and California, where medical bills can be considered marital debt.
Does the non-custodial parent have to pay medical bills?
The non-custodial parent's responsibility for medical bills varies by state, but in some cases, they may be required to pay excess expenses or split costs based on income. Check your state's laws for specific details on medical expense responsibilities.
Sources
- https://www.vandtlaw.com/tips-dealing-ex-will-not-pay-uninsured-medical-expenses/
- https://www.nathanlawoffices.com/blog/how-to-get-reimbursement-from-your-ex-for-medical-and-dental-costs.cfm
- https://www.mittenlaw.com/divorce/medical-expenses-and-divorce/
- https://www.freeadvice.com/legal/my-ex-wife-refuses-to-pay-302207/
- https://www.bryanfagan.com/blog/2024/october/important-post-divorce-issues-related-to-health/
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