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Daycare Center and Family Home Forum>Can I Term Immediately?
SunshineMama 09:16 AM 01-02-2014
History: I have been watching this 5 1/2 year old boy for 3 years. Throughout the 3 years, the parents have always been late on payments, picked up late, terrible communicators, etc. I have allowed this to occur because 1: they were one of my first families, and I felt that I let their behavior go on too long, and 2: I really like the kid. Really, really, really like him. He is an amazing, wonderful, special, superrific kid. The dad (parents were never married) even moved into an apartment within the school district so I could pick him up from kindergarten the same times as my daughter. Aaaaand, he is in my daughter's class as well. The mom quit her job, them was sick on and off, so I watched him for over a month without getting paid weekly. They did get caught up at the end of the month, but it was rough. (Are you cringing at my ridiculousness yet)?

Here is the current issue: They owed me money for the week before Christmas week. They didn't pay up front, as usual, and at the end of the week, the mom text me Merry Christmas, have a great week, I will bring you money tomorrow. Tomorrow came, and no money. So I sent her a text, and she did not respond for 4 days, When she finally responded, she said she was out of town for the holidays, then she came home and worked 2 12 hour shifts, but that she would drop the money off the next day. That was last Friday. My husband said not to even bother texting her anymore. Today, he was a no call, no show.

I have officially had it. Technically, my contract says a 2 week notice is required, however, their contract is 2 years out of date. I adore this child, and it makes me sad that I have to get rid of him because his parents are terrible. But I don't work for free, and I think this is the straw that broke the camels back. No Christmas gift for me, AND you don't even pay me before Christmas? They have no respect for me. I know it is my fault, for letting it go on for so long.

Can I just let them know that I am done? Do you think they will be surprised?
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TwinKristi 09:22 AM 01-02-2014
I have it in my contract that no services will be rendered if there is an outstanding balance, so if you have anything in your contract about non-payment that's what you have to do. I also have that they need to give me 2wks notice but I can terminate without advanced notice. You've given them more than enough time to pay. Have you contacted dad about this?
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SunshineMama 09:24 AM 01-02-2014
Originally Posted by TwinKristi:
I have it in my contract that no services will be rendered if there is an outstanding balance, so if you have anything in your contract about non-payment that's what you have to do. I also have that they need to give me 2wks notice but I can terminate without advanced notice. You've given them more than enough time to pay. Have you contacted dad about this?
I haven't contacted the dad. Honestly he is no better than she is. You think I should let him know there is a balance on the account and not to bring him until the balance is settled, or just give them 2 weeks and tell them I need all up front of services will not be rendered.
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littlemissmuffet 09:25 AM 01-02-2014
Honestly sounds like they ditched... do you think they ARE coming back?

I would let them know the child can't come back until they are paid in full, and AFTER you get paid for previous services let them know that effective immediately you require pre-paid payments. This will cause them to leave on their own, if they haven't already.

Stick to your policies (or you can't expect anyone else to).
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TwinKristi 09:30 AM 01-02-2014
Well I would take the no reply, no money, no show that they're not coming back. Shoot, print up a new contract effective 1/1 that you can term immediately for no payment and since they've yet to contact you, pay you or attend per schedule that you have no choice but to term. Send an invoice, certified mail, and threaten to send them to collections or small claims court depending on the amt. There's a company here who does collections but they take 50%. If small claims is going to cost you to file, miss a day of work, and then perhaps never get it anyway... 50% may be worth it if they pay.

But yes I would contact dad as well, does DCB have any items at your house? Maybe contact him to let him know you'll leave his items in a bag for him to retrieve.
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Blackcat31 09:44 AM 01-02-2014
My payment contract reads that ANY family that has a past due balance for more than 7 calendar days is terminated.

If a parent can't communicate with you on a regular basis AND stick by their words (saying she would drop off payment) then I surely don't have the patience to continue waiting....kwim?

I have to agree with Miss Muffets here and say that I would venture to say that they have already ditched you.
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SunshineMama 09:46 AM 01-02-2014
Originally Posted by littlemissmuffet:
Honestly sounds like they ditched... do you think they ARE coming back?

I would let them know the child can't come back until they are paid in full, and AFTER you get paid for previous services let them know that effective immediately you require pre-paid payments. This will cause them to leave on their own, if they haven't already.

Stick to your policies (or you can't expect anyone else to).
Honestly, it wouldn't surprise me if they showed up here tomorrow morning like nothing was amiss. Do you think I should call and leave a voicemail saying the above?
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TwinKristi 09:46 AM 01-02-2014
Absolutely!
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cheerfuldom 09:48 AM 01-02-2014
I would contact both parents and let them know that no daycare will be provided until they drop off payment FIRST. If they come to the door with no payment, they and their child will be turned away from the door. Then, assuming they pay as needed, I would present them with an updated super strict contract, all payments in advance of services! Crank up the late fee and anything else that needs to be addressed. If they want to continue care, they sign and return the contract the next dropoff or you will give a two weeks notice. No more messing around with these people.

Who pays the bill? I would make that person the primary person on the contract. If EITHER defaults, you term.
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daycare 10:17 AM 01-02-2014
Originally Posted by cheerfuldom:
I would contact both parents and let them know that no daycare will be provided until they drop off payment FIRST. If they come to the door with no payment, they and their child will be turned away from the door. Then, assuming they pay as needed, I would present them with an updated super strict contract, all payments in advance of services! Crank up the late fee and anything else that needs to be addressed. If they want to continue care, they sign and return the contract the next dropoff or you will give a two weeks notice. No more messing around with these people.

Who pays the bill? I would make that person the primary person on the contract. If EITHER defaults, you term.
this^^^^
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coolconfidentme 10:20 AM 01-02-2014
Did both parents sign the contract? I only talk to who signed my contracts for payment of services. If you feel they already ditched you, terminated with a two week notice. I have done this & when the parent tried to drop off after they received it, I reminded them that they owe a past due balance. Per contract they have to be current in order to receive care. Sure I inconvenienced them on the spot.., they have been doing it to me by not paying in a timely manner. I took them to court for the complete balance, won & they had their wages garnished to pay me.BAM!
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Scout 10:38 AM 01-02-2014
Make sure they pay you in cash!
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SunshineMama 11:00 AM 01-02-2014
Would it be horrible to just not answer the door tomorrow if they did decide to come? They are my only dcf that comes on Fridays anyway. About to call them and let them know that they owe a past balance, plus late fees, and care is terminated, based on past due payments of over 14 days and a no call no show.
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Blackcat31 11:03 AM 01-02-2014
Originally Posted by SunshineMama:
Would it be horrible to just not answer the door tomorrow if they did decide to come? They are my only dcf that comes on Fridays anyway. About to call them and let them know that they owe a past balance, plus late fees, and care is terminated, based on past due payments of over 14 days and a no call no show.
Sounds like you would rather term than wait around for payment. It also doesn't really sound like this family is suddenly going to get with the program either so personally I would just term now.

Contact them (in whatever way works best for you) and tell them as of close of the 2013 year, they have an unpaid balance (subject to late fees until paid IN FULL) and that the contract for services is cancelled effective 12/31/13.

I would not wait around for them. I would term and request past due payments IN FULL IN CASH and be done.

Start the new year out clean.
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MarinaVanessa 11:07 AM 01-02-2014
Originally Posted by SunshineMama:
Would it be horrible to just not answer the door tomorrow if they did decide to come? They are my only dcf that comes on Fridays anyway. About to call them and let them know that they owe a past balance, plus late fees, and care is terminated, based on past due payments of over 14 days and a no call no show.
I would just call and let them know that they need to pay their balance or can't bring their DCK. They'll either stop showing up or will pay. If they pay part of what they owe I'd take it and still not take their DCK until the rest is paid.

Once they pay in full you COULD possibly take the payment and hand them a notice of immediate termination. They DID technically breach their contract by not paying on time.
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cheerfuldom 06:00 PM 01-02-2014
Originally Posted by SunshineMama:
Would it be horrible to just not answer the door tomorrow if they did decide to come? They are my only dcf that comes on Fridays anyway. About to call them and let them know that they owe a past balance, plus late fees, and care is terminated, based on past due payments of over 14 days and a no call no show.
dont say anything about terming until you get your money! Get the money and then hand them the term letter otherwise you can kiss that money goodbye
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Tags:terminate - non-payment
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