I'm going to a daycare in Delaware starting this January. After 2 weeks of daycare my 17 month child got RSV and then pneumonia.. got complicated and we had to stay in hospital for a week.
We were out from daycare for 5 weeks and in all this time the daycare provider never called me for payment or to ask me if we are going back to them.
The contract I signed with the says that we have to pay tuition if child is out sick. It also says that after 10 days of non payment we will be expelled..
When we went back to daycare the provider asked all the money for those 5 weeks and she asked for half of the money on that day.. we had no choice and we gave her a check for $390. We tried to talk to her, maybe she will give us a discount for those 5 weeks.. but no luck. She wants all the money by the end of the month.. which is outrageous.. I can't pay $1100(for 2 months) in one month only ... I don't have these money..
I understand they have a business to run, bills to pay and teachers on payroll.. but I have also $3000 in hospital bills because my child got sick in her daycare.
I do not think is fair to us that she is so insensitive about this problem.
Because of this I want to take my child out from this daycare.. without the 2 weeks notice and tell her that she was supposed to expel my child for non payment after 10 days and not to wait for us to build such a debt.
Can she sue me for not giving her 2 weeks notice and $390 remaining balance that she claims?
Do you guys think I have a chance to fight this in court?
She never called or mailed any statement that we owe her every week full tuition.. and it was very wrong from her to wait for us to come back and then ask $650 for those 5 weeks..
If anybody knows any rules or laws about daycare charging full tuition when the child is sick, please help me with an answer..
Thank you