dmaniord
recently joined
Reged: 01/07/13
Posts: 2
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In short, I filed for divorce in Fall of 2011 and the divorce was final in the Spring of 2012. After I filed, my ex-wife lived with me until the summer of 2012. I payed her child support and alimony. She did not pay me rent or any of the bills.
In the beginning of 2012, she became pregnant with another man's child, and therefore aquired a lot of medical bills, under my insurance. Since that time, my insurance has removed her from my policy, because we are divorced (per insurance company). She is coming after me for all of the medical bills for the pregnancy, prenatal and hospital care. Also, she is stating that I have not paid child support or alimony-which I have cashed checks/deposits, endorsed by her and her bank institution.
Guidance.....please.........
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3049
Loc: VA for 21 years, NC forever!
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Nope, nope, nope, nope.
She's kind of SOL on this one. The only possible exception is that the child was conceived during the term of the marriage as you weren't divorced yet. That could make life messy.
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Renny
addict
Reged: 09/24/11
Posts: 479
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As bb says, if the child was conceived during the marriage there are problems. For one thing, the initial complaint had to allege that she was not expecting and it should have been amended when she discovered she was expecting. At this point I believe you are the presumptive father, even though divorced. Did you you know she was expecting when you obtained the divorce? Is there nay thing in the final decree about the unborn child not being yours?
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dmaniord
recently joined
Reged: 01/07/13
Posts: 2
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The child is not mine. I cannot have children. I will contest paternity; that is NO problem. She wants me to take care of HER child and all of HER medical expenses from the pregnancy, that is including medical insurance. I have NO problem taking care of my child. In fact, I have, above and beyond.
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akrkck
newbie
Reged: 03/22/12
Posts: 49
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I think what they're trying to say is we know the child isn't yours, but you are still married to her (divorce isn't finalized yet), so in the courts eyes, you are the father until proven otherwise. You will be held liable for medical expenses until paternity can be proven and I doub't the other guy is going to "volunteer" for paternity testing, especially if he and your wife know you'll get stuck footing the bill.
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3049
Loc: VA for 21 years, NC forever!
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I'll say it again -- nope, nope, nope.
Your insurance can pay her bills until you are divorced. Period. I know of no medical insurance that will continue having a divorced spouse covered -- the policy holder **you** has no insurable interest in the ex spouse any longer.
If you are 100% unable to have children, couldn't be yours in any possible way, then you are OFF the hook for this. Sorry for her luck but perhaps she should have been more careful in her birth control regimen. You can volunteer for a paternity test, demonstrate that you couldn't possibly be the father **vasectomy, etc.** and you won't be forced to pay for her mistake here.
Wantin' ain't gettin'......
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Renny
addict
Reged: 09/24/11
Posts: 479
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The op has the burden of proving he is not the father. As it stands, he is the father and obligated to support his child, including medical expenses. His insurance is irrelevant. The mother could file a motion to set aside the divorce decree to take the child into consideration. She could ask for child support. The op can try to prove he is not the father in a petition for disestablishment of paternity. Then there's the problem of proving who is the real father and collecting for past medical expenses. In sum, while the op may not be the father, it will be difficult to disentangle himself from this mess.
Edited by Renny (01/14/13 10:01 PM)
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3049
Loc: VA for 21 years, NC forever!
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As per the OP, he is able to prove beyond the shadow of a doubt, that he is NOT the father.
If you take the pregnancy out of the equation, he wouldn't be able to continue carrying her on his health insurance after the divorce was finalized. So, while his insurance may have paid for SOME of her care, after they were divorced, they wouldn't continue to pay based on marital status.
In addition, the OP clearly said that the divorce was final in the spring of 2012 and she got pregnant in early 2012. That would seem to say that she had the baby AFTER they were divorced.
Again, if he can prove, beyond the shadow of a doubt, that this is not his child, I'd file to remove the **child of the marriage** presumption and mitigate his financial obligation to this child AND his ex.
I would definitely get an attorney for this one and not pay a DIME until it was settled.
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Renny
addict
Reged: 09/24/11
Posts: 479
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Without clarification from the op we are guessing. I believe the op said she got pregnant at the beginning of 2012 and were divorced in the spring. Ambiguous, but I think he meant the pregnancy preceded the divorce.
The op will remain the father until the court rules otherwise in an action for disestablishment of paternity. If the court rules that the op is not the father, that doesn't automatically free him of past due bills incurred or the child's health.
As an aside on the inurance question, If he is the presumptive father, I don't see why the inurance couldn't cover his child even after the divorce. Why would the insurance company care that the child could not be his? The child is his from a legal standpoint until proven otherwise.
Meanwhile The medical care providers will go after tge presumptive father for payment and the matter will wind up with a collection agency. What do you think the magistrates small claims court will do faced with the unpaid bill? I think its likely that the presumptive father is held liable and leave it to him to collect against the real father.
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