Legal Question in Credit and Debt Law in Nevada
Responsibility for debt
My son and his former spouse have joint custody of their 14 y.o. son. The child was living with his mother when she determined he needed personal counseling. A debt of $3000 incurred as a result of the counseling and she refused to pay it. My son now has a collection agency threatening to attach his wages and the outstanding debt has been recorded on his credit report.
My question is, is my son responsible for this debt? The former spouse was living in Utah at the time of counseling.
1 Answer from Attorneys
Re: Responsibility for debt
He may well be responsible for the debt, at least one half of the debt, as between him and his former spouse. Debts which are directed at the good health and welfare of a dependent child are generally considered to be the obligation of the parents. If, however, your son could prove that the counseling was of no particular value to the child's good health and welfare, it may be that he is not responsible and can contest the collection agencies efforts to collect from him. His obligation is not contractual, as his former spouses is, but rather is derived from his position as the child's parent.
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