Roger : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : The attorney for the medical provider is essentially correct that it is of no legal consequence to it that your ex is responsible for half the bill.
Roger : The reason is that the medical provider is not subject to or required to honor the order between you and your ex.
Roger : It is entitled to collect from you regardless of this agreement.
Customer: Will I need representation for this. Or can I appear prosee?
Roger : However, you would have the right to seek repayment of 1/2 of the money paid from your ex per the order.
Roger : As for representing yourself, that's always a tough thing to do, so if you can get an attorney to represent you, that's much better.
Roger : In fact, your attorney may be able to work a deal for that where you pay your half now and then you pay the other half after you get the money from your ex.
Roger : Then, your attorney could file a motion with the family law court to hold your ex in contempt for failing to pay the bill after it was presented.
Roger : You could seek the amount he owes and your attorneys fees/legal costs on top of the payment.
Roger : Thus, it may be that you could recover your expenses from your ex.
Customer: I was originally told by the collecting attorney that I would receive something in the mail in reference to this. I never did. Today I received two letter soliciting me, they were bankruptcy attorneys. Do I have to wait to be served or can I save myself some embarrassment somehow?
Roger : Yes, you can act now and avoid being sued and served with a summons and complaint.
Roger : If you consult an attorney, he/she can contact the attorney for the medical provider and try to reach a settlement.
Roger : If you reach a deal, you would enter into a written agreement (Settlement Contract) that sets out your agreement, how you plan to pay, etc.
Customer: I cannot afford much. Is there a way to search for the kind of attorney I need?
Roger : The terms would have to be negotiated and agreed to by you and the provider. Your attorney could assist you with that as well.
Roger : Sure.
Customer: What kind of attorney do I look for?
Roger : You can visit www.martindale.com and search for a family law or a debt relief attorney in your area.
Customer: Ok thank you
Roger : If you think you may have to file a contempt motion with the family law court to require you ex to pay, you may want to consult a family law attorney.
Customer: Should I consult the same attorney that I hired for my motion to modify?
Roger : Also, it is not uncommon to ask for and to be awarded your attorney's fees for being forced to file a motion with the court to compel him to pay a debt that he's obligated to.
Roger : That would be best since the attorney is already familiar with your case.