What to do if my 18 year old son’s mother is suing me for medical expenses incurred 2 years ago?

UPDATED: Nov 22, 2012

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What to do if my 18 year old son’s mother is suing me for medical expenses incurred 2 years ago?

My son attempted suicide back then and she admitted him into a facility out of state. I didn’t want him to go there due to the cost but his mother insisted and decided against me and sent him anyway. I told her I couldn’t afford to pay anything other than what the health insurance covered. She never attempted to collect from me until now, since I’m now not required to pay her child support monthly. She has hired a lawyer and I am now being served. Does she have a chance at winning this case?

Asked on November 22, 2012 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your custody orders required you to pay one-half of all medical expenses, then you were required to do so.  This means that she can take you back to court in an effort to collect on that obligation.  You may have a defense of "inability to pay".  You may also be able to get some of your portion of the bills lowered if you can show that her actions were not reasonable.  If the court finds that her actions were reasonable, you will be ordered to repay your portion of these medical expenses. 

You have a couple of different options based on what you have described.  First, you can simply set up a payment plan with her attorney for your half of the bills.  Your second option is to hire a family law attorney to help you assert your defenses and/or position.  You could represent yourself, but considering that you are relying on an equity defense, you would have much better luck if you had an attorney helping you develop your case to present to the judge.

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