If I’m seperated from my husband who is not paying his medical bills and as a result my wages are being garnished, what can I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m seperated from my husband who is not paying his medical bills and as a result my wages are being garnished, what can I do?
Asked on December 14, 2012 under Bankruptcy Law, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First of all, since you are separated but not divorced, you are still legally husband and wife. Now in most states, one spouse is not typically responsible for the debts of the other. However, there exists something known as the "Doctrine of Necessities". In some states (MO included), debts incurred for medical treatment are generally considered "necessities". Accordingly, a spouse can be held liable for the other spouse's medical bills. Basically, my research suggests that under the doctrine a spouse may be held liable for necessary medical services provided to the other spouse if the other spouse maintains no separate assets.
At this point you should consult directly with an attorney in your area as to your specific rights/responsibilities.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.