Expert: Ray A Miller - 12/9/2008

Question
I was handed a collection notice for my son by his mother (never married, she has primary custody). It did not identify my son's name anywhere on the notice (which is the only reason I got it) and it was sent to her address. After several phone calls I found that it was for an x-ray that was done on 12/26/06 for my son; that she was billed for multiple times, and that in June 08' she told the creditor that she would pay for but never did. She is the responsible party for these bills per the child support order and the only reason that my name is on it is because she put down my name on the intake paperwork so that she would not get billed (she put down her address). She told the creditor to put it in her name due to a custody suit that she wanted to look good for (which they failed to do). I never received any bills, nor were any forwarded to me. I had no knowledge of this procedure or of any amount owed. When I let the collection company know that the bill should be in his mother's name they said that they can't change the name on it and will continue sending information to her address with my name and will put it on my credit if not paid by January 1st, 2009. Am I under obligation to pay this bill so that I don't end up with a collection on my credit? The creditor agreed that the bill should have gone to his mother, but they failed to update their computers and now they refuse to do anything either. Any advice would be greatly appreciated as it is very difficult for me to pay the bill as I already pay a significant amount of child support (she gets 100%) even though he lives with me 50% of the time, and I pay for all of his health insurance (this was during a two week period where there was no insurance due to changing jobs). Thank you in advance.

Answer
Dispute the debt with the collection agency.  Call your Divorce Attorney and ask him/her if you are responsible.  If your state is like most, the most you will have to pay is 50%.  I am sorry the advice is limited but, I would need to see the documents to be of further assistance.  Have a great Christmas and good luck with this issue.