Parent/Guardian Responsibilities
You can help us work cooperatively and efficiently with your insurance carrier by notifying us immediately if your coverage or insurance changes. You also are responsible for telling us before care or services are ordered about specific laboratories and other service providers that your insurance requires you to use in order to qualify for benefits. When in doubt, contact your insurers' customer service representative for clarification.
Divorced and Seperated Parents
According to Section 2.05(a) of the Texas Family Code: "Each spouse has the duty to support the other spouse. A spouse who fails to discharge the duty of support is liable to any person who provides necessaries to the spouse to whom support is owed." Section 3.201 of the Texas Family Code states in part as follows: "A person is personally liable for the acts of the person's spouse only if :" . . ."(2) the spouse incurs a debt for necessaries . . ." Texas courts have held that expenses incurred for medical and dental services for the family are expenses which are necessaries. Both a husband and a wife are personally, severally and jointly liable for all necessaries furnished by a third party. [see White vs. Lubbock Sanitarium Company, 54 S.W. 2d 1058 (Tex. Civ. App. 1932, Writ Dism. w.o.j.)]
Section 151.003(a)(3) of the Texas Family Code imposes upon each parent the duty to support their children, including providing of medical and dental care. A parent who fails to discharge their duty is liable to any third party who provides necessaries to those whom support is owed. A spouse's duty to support the other spouse and/or to support their children subjects the entire community estate and each party's separate estate to meet those oblgations. [ see Trevino vs. Trevino, 555 S.W. 2d 792 (Tex. Vic. App. - 1977 , see also Graham vs. Graham, 836 S.W. 2d 308 (Tex. App. 6 Dist. 1992 ].
Absent a court order stating that a parent has discharged their duty to support the children of a former union, both parents are liable for medical care rendered by this office.
Even if you do not bring the child in, or you do not have knowledge of the care being rendered, will not alliviate your financial responsibility. Our office may contact either spouse/ex-spouse for payment, as well as, report both spouses to an outside collection agency for collection efforts.
