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Biloxi, MS asked in Family Law, Child Support, Public Benefits and Personal Injury for Mississippi

Q: Responsibility for medical bills of 19-year-old out on bond in Mississippi?

Who is responsible for the medical bills of my 19-year-old, who is not living with us, has been out on bond, and was arrested and charged as an adult? The medical bills arose when the police took him to the hospital after he declared himself suicidal multiple times. My insurance covered a majority of the bills, but there are still thousands of dollars remaining. The age of majority in Mississippi is 21, and our divorce decree stipulated child support until that age, although he lives independently, doesn't follow our guidance, and is supported by others. We have not taken any formal custody or guardianship actions or been involved in agreements with the hospital regarding these bills. Who would be legally responsible for the remaining amount?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: At 19 years old, your son is legally considered an adult in Mississippi for most purposes, including medical and financial responsibility. Even though the age of majority is 21 for child support under certain circumstances like a divorce decree, that doesn’t automatically mean you’re responsible for his debts. If you didn’t sign any agreement with the hospital or authorize the care, then generally, you’re not personally liable for the unpaid portion of his medical bills.

Since he was treated following an arrest and declared suicidal, the care was likely considered necessary, but that still doesn't shift the financial responsibility to you unless you agreed to be the guarantor. The hospital may bill him directly, and he can be held responsible for managing or negotiating those debts. If your insurance covered part of the charges, that’s already a contribution, but any remainder typically falls on the patient unless otherwise agreed upon.

Your divorce decree may still require support until 21, but that’s separate from being liable for debts he incurs on his own. Unless there’s something unusual in the wording of your decree or you legally maintained financial control over him, you probably aren’t required to pay the remaining bills. It might be helpful to review the documents or ask the hospital who they’ve billed and why. You’ve already done a lot by providing insurance, and that may be the extent of your obligation here.

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