Do I Have to Pay My Child’s Medical Debt If I Didn't Sign For It?

A reader wants to know if he is responsible for his child's medical bills even though he never signed anything taking legal responsibility for those bills?

My teenage son lives with his mother in Georgia. I live in Alabama. I pay his mother $500/month in child support but we were never married and there was no divorce decree, court order or any other legal document governing the support or financial responsibility.

My son recently received medical treatment and the hospital has started to send me bills for thousands of dollars. My son is listed as a dependent on my insurance and have been for 14 years but I have never received a bill associated with any of his doctors’ visits or medical treatment provided in Georgia as I have not been the one to sign the statement of financial responsibility for treatment received in Georgia.

Two questions - number one, am I legally responsible for medical debts that are not authorized by my signature on the statement of financial responsibility?

Second question, can the hospital or any other the medical provider report these debts to credit reporting agencies without the signed statement of financial responsibility from me even though the debt is associated with a dependent listed on my insurance plan?

I understand the moral responsibility but my question is specifically about the legal responsibility and whether or not it can affect my credit score as the bills are in the thousand of dollars. Thank you for the consideration. Thank you Gerri.

Reply from Gerri Detweiler

Yes, you are likely responsible for your minor child's medical bills under state law. In many states, parents are responsible for their children's necessary expenses - including medical expenses - under laws often referred to as "Doctrines of Necessaries."

However, that said, in some states creditors must first try to collect from the spouse who incurred the debt before trying to collect from the other spouse.

Because this is a large debt I would encourage you to talk with a consumer law attorney who can help you clarify your rights and obligations here. If you are responsible for these debts, then make sure you insist upon detailed bills for all charges and try to negotiate if they are unaffordable. You'll find some podcast with medical bill advice here.

Comments for Do I Have to Pay My Child’s Medical Debt If I Didn't Sign For It?

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Oct 31, 2022
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Who gets the debt?
by: Anonymous

I am currently going through the process of buying a home and it has come to my attention that my son's medical debt is falling on my credit report but not all of it. So what im wondering is in the state of MN does the parent or person taking my son to the doctor end up with the medical debt on their credit report when it is unpaid. my ex and his family take my son to the doctor for every little thing when hes over there and i dont want to be stuck with all these silly bills. I have been researching but cant seem to get a clear answer. Like if I take him to the doctor i accrue the bill and visa versa.

thank you for any information

May 16, 2022
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A concerned person
by: Anonymous

My little cousin stayed with me while her father was elsewhere, however she’s 15 and was getting experience seizures so I had to take her to the hospital. I was told because she’s a minor being in the hospital by herself wouldn’t be a good idea for child protective services would be involved. Therefore I was present with her many times for those hospital visits, now I’m being billed for all of these visits. She’s not my child, I’m not responsible for her her father is. What can I do to get her father to take responsibility for his minor daughter medical bills when I was just doing him a favor. I live in NJ and I need to get these bills transfer to her father for I don’t think I’m responsible for the kid medical bills , and I haven’t been working for over two years now. What do I do?

May 28, 2021
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Filing a complaint
by: Angry 2nd Wife

What type of complaint would you file with state attorney general and Consumer Financial Protection Bureau? Would there possibly be any repercussions to the ex-spouse for this type of act?

Reply from Gerri

You would simply report the type of problem you've encountered. The CFPB will not take action against your ex-spouse, however. For that you'll need to consult an attorney about your options.

May 17, 2021
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Grown son
by: Anonymous

My 27 year old had to have his appendix removed and now I'm getting his bill he doesn't live with me,and and isn't a minor, I never signed anything at the hospital and the bill has been sent to a collection agency and they are threatening to put it on my credit can they be sued can the hospital be sued? I will be contacting the hospital and an attorney tomorrow.

Reply from Gerri

If he was not a minor then I would encourage you to read our site about your options for disputing this debt. If it does appear on your credit reports, I'd encourage you to at least talk with a consumer law attorney. Learn how to get free or low-cost legal help here.

Oct 28, 2020
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What to pay and not to pay
by: Anonymous

My ex sends me a receipt from drug store for supposedly our sons contact lenses. I have him on my insurance and she said that she bought these contact lenses and that I need to pay my portion for contact lenses. Do I have to pay my portion even though this is not a doctors bill?

Reply from Gerri

It sounds like the bill has already been paid for so this is a matter for you and your spouse to work out according to your support agreement.

Aug 12, 2020
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Doctrine of Necessaries
by: A Dad

What I'm reading about "Doctrine of Necessaries" is that it applies when a minor child lists the parent as guarantor; if I understand the question above right, and in my case, the debate here isn't that "a parent" be responsible for their child's medical care, but rather "which parent"?

In my case, my ex-wife (of more than 10 years), lists me as the responsible party and then signs her name on medical bills.

Like the OP, I understand the moral obligation, but legally, my ex-wife is just as financially responsible for that medical bill as I am. By listing me, however, she doesn't pay the bill and I end up being the one to go to collections.

IMHO (which I think has legal support, but I don't know for sure), the provider's recourse is with whomever authorized the medical services (assuming they are under 18), and IF I am responsible for the out-of-pocket expenses over and above what my ex-wife has paid for the year, then HER recourse is with me for reimbursement. If I refuse to pay her, and she has legal records to indicate that I am responsible to her, then she can file Contempt of Court, along with any other number of legal docs against me. BUT, if the medical provider doesn't get money from me, with her signature on file, and they send me the bill for collection, the responsibly should not be mine to pay - I could (should) certainly forward the bill onto my ex-wife for payment, but if she refuses and that bill is in my name, then I am the one going to collections - and in my opinions - illegally.

Please expand. Thank you.

Reply from Gerri

I am not an attorney so I cannot provide legal advice but my understanding is that depending on state law the provider (or by extension debt collector), may try to collect from either parent if the law permits. In other words, the financial responsibility may extend to either parent. If the support agreement differs, that agreement is between the parents.

Mar 02, 2020
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Question about financial responsibility
by: Anonymous

My ex-husband had custody of my son (I have a divorce decree) when I had to take him to the ER, per his doctor, to have his stitches removed. I was made to sign for treatment which, I was told, designated me as grantor. His insurance was with Medicaid at the time, but now the hospital is trying to stick me with about $1100, which has now gone on my credit. Is there anything I can do to get it removed?

Reply from Gerri

I wish I could give you a definitive answer but it depends in part on state law. As I mentioned in the article, your state may have laws that hold parents responsible for their minor children's medical bills - regardless of what you and your spouse have agreed. In other words, they may be able to try to collect from you and if successful, you would have to pursue the debt with your ex. I'd recommend you get legal advice. Here's how to get low-cost or free legal help.

Mar 19, 2017
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Responsible party
by: Granville Davis

My grandson's medical bill of $2,007 was filed against me for collection because the hospital had designated me as guarantor.

My grandson has health insurance coverage with both his mother and father.

And he is not on my insurance policy. Now morally I don't mind paying the bill and I will. But I resent them (I believe) trying to force me to to do something that very well may not be legal.

Reply from Gerri Detweiler

I am sorry I missed this earlier. I've heard this kind of complaint before. I would encourage you to at least file a complaint with your state attorney's general and the Consumer Financial Protection Bureau. You may want to also get legal advice as the collection efforts may have been illegal.


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