stokely
12-16-2003, 09:45 AM
Question at bottom.
Here are the facts:
* The state is California.
* The father of a child born out of wedlock stipulated to paternity to this
child and is under an order of support that includes providing HEALTH
insurance with all reasonable effort and also to "pay...one-half of any
uninsured health care costs incurred for the minor child." He is a non-
custodial parent (NCP) with no visitation and who makes no effort at
visitation.
* The child was taken by her mother, the custodial parent (CP), to an oral
surgeon and later to an orthodontist. She informed the NCP of her
intention to do so, and made an arrangement to split costs not reimbursed
by insurance. NCP was agreeable.
* The costs paid by insurance were through the employer-provided dental
health plan of the NCP.
* After several months, CP urgently informs NCP that the oral surgeon is
due $70-some, which is now $105 because the debt was referred to a
collector.
* NCP is given a letter of intention to take legal action and is SHOCKED to
learn that the action is being taken against NCP. The name of the billing
party is not the exact name of the NCP, but it is possible the collection
agency has true and correct identifying information for the NCP (social
security number, etc.) The address of the person targeted for legal action
is not the legal address of the NCP, and the NCP never resided at this
address. In fact the address is of the CP, who claims she notified the CP
of this debt, but who never said to the NCP that the billing party was the
NCP.
* NCP was just about to call the district attorney to report a possible
identity theft and damage to his credit rating until the CP revealed her
deceitfulness. NCP believes he has no criminal case anyway, and will not
pursue it. NCP also believes D.A. would consider this "small potatoes."
======
NCP has agreed to pay the oral surgeon's debt through the collection
agency, because NCP will get something in trade from the CP (not specified
here). NCP has said in letters to the collection agency (CC: to oral
surgeon and CP). In a separate letter to oral surgeon, NCP has threatened
conditionally to sue the business of the oral surgeon and has criticized
the business practices of the oral surgeon for not verifying the identity
of billing party.
QUESTION: The NCP has claimed to all parties that debts incurred by the
minor child cannot possibly legally create an obligation DIRECTLY between
the NCP and the health service provider. For the simple reason that the
NCP does not take the child to the doctor or oversee its care, and so
cannot know if a legal contract for debt is being created and the billing
information correctly entered.
The NCP is obligated to pay half of uninsured costs----yes! But that is
between the CP and the NCP. Correct?? At least the NCP, upon
notification of the CP, and by his signature create a direct legal
arrangement for billing with the health service provider. But if the
health service provider gives no notification to the NCP of his obligation
for debt, how can the NCP know that his identity and credit rating are
being trashed????
Here are the facts:
* The state is California.
* The father of a child born out of wedlock stipulated to paternity to this
child and is under an order of support that includes providing HEALTH
insurance with all reasonable effort and also to "pay...one-half of any
uninsured health care costs incurred for the minor child." He is a non-
custodial parent (NCP) with no visitation and who makes no effort at
visitation.
* The child was taken by her mother, the custodial parent (CP), to an oral
surgeon and later to an orthodontist. She informed the NCP of her
intention to do so, and made an arrangement to split costs not reimbursed
by insurance. NCP was agreeable.
* The costs paid by insurance were through the employer-provided dental
health plan of the NCP.
* After several months, CP urgently informs NCP that the oral surgeon is
due $70-some, which is now $105 because the debt was referred to a
collector.
* NCP is given a letter of intention to take legal action and is SHOCKED to
learn that the action is being taken against NCP. The name of the billing
party is not the exact name of the NCP, but it is possible the collection
agency has true and correct identifying information for the NCP (social
security number, etc.) The address of the person targeted for legal action
is not the legal address of the NCP, and the NCP never resided at this
address. In fact the address is of the CP, who claims she notified the CP
of this debt, but who never said to the NCP that the billing party was the
NCP.
* NCP was just about to call the district attorney to report a possible
identity theft and damage to his credit rating until the CP revealed her
deceitfulness. NCP believes he has no criminal case anyway, and will not
pursue it. NCP also believes D.A. would consider this "small potatoes."
======
NCP has agreed to pay the oral surgeon's debt through the collection
agency, because NCP will get something in trade from the CP (not specified
here). NCP has said in letters to the collection agency (CC: to oral
surgeon and CP). In a separate letter to oral surgeon, NCP has threatened
conditionally to sue the business of the oral surgeon and has criticized
the business practices of the oral surgeon for not verifying the identity
of billing party.
QUESTION: The NCP has claimed to all parties that debts incurred by the
minor child cannot possibly legally create an obligation DIRECTLY between
the NCP and the health service provider. For the simple reason that the
NCP does not take the child to the doctor or oversee its care, and so
cannot know if a legal contract for debt is being created and the billing
information correctly entered.
The NCP is obligated to pay half of uninsured costs----yes! But that is
between the CP and the NCP. Correct?? At least the NCP, upon
notification of the CP, and by his signature create a direct legal
arrangement for billing with the health service provider. But if the
health service provider gives no notification to the NCP of his obligation
for debt, how can the NCP know that his identity and credit rating are
being trashed????
