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Daycare Center and Family Home Forum>Is This Something I Can Be Sued Over? Money and DCPS
E Daycare 11:01 AM 10-08-2012
Lately I've had issues with a particular dcf. So far the issues are:

Parent leaving kid here 10hrs/day (not a huge issue since I'm open that long) five days a week

Parent staying home yet dropping kid off (again not too much of an issues-I get paid)

I'm part time and did full time as a favor but parent isn't looking to find a replacement for days I'm closed "forcing" me to be full time (my fault for not laying down the weeks in new contract).

Parent is on leave from work for a month and feels like parent is doing me a favor by "giving days off and gong back to mon, wed, fri schedule for the next month since parent will keep the kid on tues and thurs.

Now for another thing. One I'm worried about but don't know if it's my business to say something or what.

Dcm and dcd are divorced. Dcd pays for daycare(for most weeks. Dcm is responsible for a few weeks and it's usually about once every 6wks) Dcm has not told dcd that she is on leave and bringing the kid only 3days a week and still letting dcd pay for a full week. I don't charge for days a kid is not here but pro-rate if they overpay for the week and deduct for the next week. She wants me to pro-rate for her week so when her week to pay rolls around it will already be covered.

I write receipts weekly for pay and send them home with everyone and I give a end of year statement but I'm not Sure dad receives all receipts (nor cares) but I know he gets the tax form as I need him to sign it himself.

Anyways, am I under obligation to let the dad know the kid isn't here all days but is paying for all days? I much rather let the parents duke it out but if he reviews the end of year statement and sees his kid wasn't here full time but he paid full time and I cashed those checks I'm the one who's butt is burned correct?

I don't want to get sued (or yelled at or whatever)by a parent for roughly $200 (that's the overflow from payment for 4 weeks) and have the other parent be like "psh I didn't know she was getting paid for full time when my kid was there part time".

Do I send the check back (I don't see the dad, mom gets the $$ from dad on the weekends and the check is made out by dad) and ask for the regular 3 day amount? Would I charge my late fee for this seeing how mom was aware her kid would be here 3 days instead of 5 but didn't relay that info to the dad making him make the check out for the full week?

What the heck should I do?
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SunnyDay 11:10 AM 10-08-2012
I would apply the overpayment to the next week that dad would be paying for, and insist that mom inform dad that he will only need to pay for 3 days from now on. If she refuses, let her know that you will tell him yourself. It is dishonest of her to expect him to pay for his week and most of her week.
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Heidi 11:23 AM 10-08-2012
I agree with PP. You need to tell her that you are honest in your business dealings. "I'm sure this is how you want to be treated. I treat all my customers with respect and honesty".
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Blackcat31 11:33 AM 10-08-2012
I guess, the way I would handle it would be based on HOW the DCD paid you and WHO actually gives you the money and in what form as well as what your contract says about attendance and payments......kwim?
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crunchymama 11:33 AM 10-08-2012
I'd call dad (do you have his number?) myself and ask him if he would prefer you prorate the amount for his next week of care or would he rather pay for 3 days of care instead of 5.
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crazydaycarelady 11:41 AM 10-08-2012
I would do what your contract says. Does it say you prorate for the NEXT week then do that!
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Crazy8 12:18 PM 10-08-2012
is dad on the contract? do you have his contact information?

I would tell DCM you can apply the overage only to the following weel, not a running total - tell her she needs to let dcd know the amount the following weeks check needs to be made out for OR you will contact him yourself. I know its different but I used to have a parent who would try to pay me $5-10 extra each week (because he didn't have change) and always told me to "apply it" but each Monday I'd give him his change (cause I didn't have cash on me when he'd give it on Friday). Finally I sent out a notice saying cash pmts had to be exact change only - I did not want to be responsible for "carrying over" payments, etc. It can get too confusing!!

Also, I am thinking now that mom is out on leave is the PERFECT time for you to let her know that you will not be returning to your 5 day a week schedule. Put your foot down - she is not forcing you to be full time, you are letting her. You can at any time change the days/hours you provide care (as long as you give notice of course!). So now is the perfect time to give her that notice. Hand her a new 3 day a week contract and if she doesn't return it you will assume she will find full time care elsewhere.
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E Daycare 12:22 PM 10-08-2012
Originally Posted by Crazy8:
is dad on the contract? do you have his contact information?

I would tell DCM you can apply the overage only to the following weel, not a running total - tell her she needs to let dcd know the amount the following weeks check needs to be made out for OR you will contact him yourself. I know its different but I used to have a parent who would try to pay me $5-10 extra each week (because he didn't have change) and always told me to "apply it" but each Monday I'd give him his change (cause I didn't have cash on me when he'd give it on Friday). Finally I sent out a notice saying cash pmts had to be exact change only - I did not want to be responsible for "carrying over" payments, etc. It can get too confusing!!

Also, I am thinking now that mom is out on leave is the PERFECT time for you to let her know that you will not be returning to your 5 day a week schedule. Put your foot down - she is not forcing you to be full time, you are letting her. You can at any time change the days/hours you provide care (as long as you give notice of course!). So now is the perfect time to give her that notice. Hand her a new 3 day a week contract and if she doesn't return it you will assume she will find full time care elsewhere.
Perfect! I plan on putting on my big girl panties one day this week and doing so. Lol
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Tags:dcps, litigation, sue
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