Legal Question in Credit and Debt Law in Illinois

My friend (in Illinois) just started having her wages garnished to satisfy $10k worth of medical bills from 10+ years ago for her than 16 year old son. Her divorce decree held that the father was responsible for all medical bills for the minor children. Why is she getting stuck with this bill/garnishment, and can she fight it at this point?

Peg Senese

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Asked on 11/23/10, 7:30 pm

1 Answer from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

The contract on the medical bills was between your friend and the medical provider. The Divorce judge can only decide issues between the husband and wife. The husband is liable through the divorce case to the wife. She need to file a rule to show cause in the divorce case and get the husband to pay. He can go to jail if he does not.

Your friend may also want to consider looking into whether the judgment against her was viable. there may be defenses

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Answered on 11/28/10, 8:19 pm


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