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Suggestions....Please! Bankruptcy or Law Suit?

Ok, here is the situation. My ex is supposed to carry medical ins. on our son. He lives in Tx. & my son and I live in Ms. The coverage he chose during open enrollment for this year only covers our son in Tx. Before the policy was change (beginning Jan.1), we set up surgery for my son for Feb. The total amount of this surgery when everything is said & done will be close to $100k. It was done here in Ms. Now we are finding out that he had no coverage in Ms. and no out of network benefits. If we can not convince my ex's employer to change the policy & back date the coverage, I'm getting hit with these bills. When the surgery was scheduled in Oct., the policy he was on covered it & in Dec. was authorized by the ins. company. My custody papers state that my ex is 100% liable for all medial bills if he hasn't provided coverage. If these bills fall on me, I won't have a choice but to file bankruptcy. Any ideas on forcing the company to change and back date the policy or options?

Update:

The HR department at my ex's employer has assigned an advocate, but they are really going to be able to help get the policy changed, not back dated. The child support enforcement order is through the Tx AG's office. They will only enforce the medical if I take my ex back for child support modification. They are sending a copy of the court order to the HR department, but they can't force them to back date the policy either....I need some other ideas on how to handle this.

1 Answer

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  • 1 decade ago
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    I'd just make this your ex-husband's problem. Send a copy of the divorce decree showing he's responsible for his son's medical bills to the hospital and surgeon and ask them to pass it along to the others that have charges for your son's medical bills. Keep extra copies handy along with a general letter that gives them your ex-husband's current address and phone number. Make him deal with the mess he caused by changing insurance plans during open enrollment...he obviously knew previously that he is responsible for his son's medical coverage.

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