Re: Medical charge offs

Posted by life (65.100.187.164) on February 12, 2003 at 23:33:28:

In Reply to: Re: Medical charge offs posted by Why Chat on February 12, 2003 at 16:29:32:

Thanks Whychat for the link to the letter. Are their any Consumer Debt, Collection, or BK Attorneys that would like to pipe in below:

[QUOTE][i]Originally posted by cannoda [/i]
[B]When were the debts incurred by your wife? How old was your son when the debts were incurred for his medical care? Was your divorce final before she incurred the debts for the pregnancy? Were the debts incurred after filing for divorce? Was there a separation agreement prior to the divorce being final? [/b]

Q When were the debts incurred by your wife?
[b]A After our physical separation in 1998 but before the decree[/b]

Q How old was your son when the debts were incurred for his medical care?
[b]A Three[/b]

Q Was your divorce final before she incurred the debts for the pregnancy?
[b]A No, but after the separation physically impossible that it belonged to me, she has since married the father[/b]

Q Were the debts incurred after filing for divorce?
[b]A No, but absolutely after our physical separation.[/b]

Q Was there a separation agreement prior to the divorce being final?
[b]A No[/b]

My decree states:

"Each party shall be responsible for the payment of all debts incurred by him or her individually since the date of the separation... September 4th, 1998."

I have found the statute that applies to my case in Oregon paying close attention to subsection 2 & 3:

108.040 Liability for expenses of family or education of children; liability after separation; time for commencing action. (1) The expenses of the family and the education of the children are chargeable upon the property of both husband and wife, or either of them, and in relation thereto they may be sued jointly or separately.

(2) Notwithstanding subsection (1) of this section, after the separation of one spouse from the other spouse, a spouse is not responsible for debts contracted by the other spouse after the separation except for debts incurred for maintenance, support and education of the minor children of the spouses.

[b] How is maintenance, and support defined? [/b]

(3) For the purposes of subsection (2) of this section, spouses shall be considered separated if they are living in separate residences without intention of reconciliation at the time the debt is incurred. The court may consider the following factors in determining whether the spouses are separated in addition to such other factors as may be relevant:

(a) Whether the parties subsequently reconciled.

[b]Never even close to happening.[/b]

(b) The number of separations and reconciliations of the parties.

[b]Zero[/b]

(c) The length of time the parties lived apart.

[b]Three Years[/b]

(d) Whether the parties intend to reconcile.

[b]Nope.[/b]

(e) Whether the parties have filed a petition for separation or dissolution.

[b]Divorce was final November 2001. Additionally I have been absolved in court of any and all future Child Support payments since she requested that I sign consent to adopt paperwork and has unjustly refused visitation.[/b]

(4) An action under this section shall be commenced within the period otherwise provided by law. [Amended by 1965 c.530 §1; 1993 c.598 §1]

[b] So what does it all mean? My divorce attorney tells me that I should contest each and every collection which appears on my CR, but if I really am liable it'd be nice to know so I can begin the BK proceedings now rather than wait for a judgement later

Any Consumer Debt, Collection or BK attorneys out their wish to share their professional opinion?[/b]

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