Legal Question in Credit and Debt Law in Missouri

Re: hospital bill question

They could potentially file a claim, but I think it would be easily defeated in court. If you did not sign as a guarantor, and the child is of legal age to contract, I would not think a claim of necessaries would be very effective.

They can, however, sue your child. And they can get a judgment, and, they can then wait up to 10 years to collect that judgment. So, from a practical point of view, there are some issues with respect to that. I suppose that's really between you and the child.

I would probably tell the hospital people that you've talked to an attorney and if they sue you they'll be a counterclaim. If your signature does not appear on any guaranty of the bill, then a lawsuit could be easily dismissed by arguing that you are not in "privity" with the hospital (meaning you had no part in the making of the contract).

If your child were to drive an auto that she and she alone owned and hit someone else, the fact that she's your dependent would not make you liable.

The doctrine of necessaries is a litte different theory and says that a parent is required to provide the necessities of care for a minor child. When a child is no longer a minor, even though they may actually be a dependent for tax purposes, I am pretty sure that the doctrine would not apply.

If there is a court-order for child support, however, this analysis changes. If the 22 year old child was still receiving child support (or if a former spouse was receiving it for her), then the doctrine might apply.

Good luck.