My estranged wife and I are on the same health insurance which is thru my employer. She has filed for divorce and is living elsewhere. I have been receiving bills for medical tests and procedures which she has had done. Also I called the local hospital and they told me she had signed as a guarantor for the payment of at least one of the bills. In pennsylvania will she be held liable for the payment of those bills or will they come after me because the insurance is thru me?
State/Country relating to question: Pennsylvania
Hello,Is there some reason why you don't think the insurance will pay the bills?.Or are the bills you are receiving the copay part of the bill they don't cover?.
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The portion that is being billed to us (my wife) is what the insurance does not cover.
Ok, as the policyholder, you would remain liable for the copays or amounts that the insurance didn't cover. However, if wife signed to be personally liable, then if you didn't pay them, the hospital could go after her for payment. With her signing a personal guarantee, they may come after her first. If you had to pay anything, you could recover that amount from her in any divorce proceeding since she has filed and the court presumes that any debts acquired after divorce is filed would be that person's separate debt..
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This debt has actually occurred right before she left. However the hospital says that she signed as a guarantor for the procedure. Part of the problem is that she is getting Alimony and i am paying a mortgage here on the home she left. There just simply isnt enough money for me to do it all. I'm trying to find ways to cut costs.
Well, debts incurred prior to the divorce being filed would be considered marital debts and would be the responsibility of the marital unit to pay. But if she signed agreeing to be personally liable for the debt, then they could look to her for payment primarily. In the event that they referred the account to collections, they would contact her first to get payment since she assumed that liability. I would suggest forwarding the bills to her to see if she would voluntarily pay them. If she doesn't, then you may have to file a motion to compel to get back in front of the judge to have him order her to pay them or allow you to deduct the amounts from any alimony that you paid..Another option, although I wouldn't recommend it, would be to deduct some portion of the bill from her alimony over time to make payments on it. The danger is that she would file a motion for contempt and force you to go before the judge and explain why you were not paying the full amount ordered. The judge may agree that it was a valid reason or may not and that it should have been taken up in any property settlement agreement and order you to make the withheld payments. That is the risk with that option..
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