Default Style Register
Daycare.com Forum
Daycare Center and Family Home Forum>Payment Issues
pintsize 04:52 PM 10-30-2017
Sorry I'm gonna ramble here: I charge $125 a week. Mom lost state assistance because she didn't want to go after dad for child support. They both agreed to pay half. $62.50 per week due per parent on Friday by 6pm. $10 per day late fees added at 6:01 each day per my contract.

Daycare dad is late 7 of the last 9 weeks. The first two weeks I accept his excuses, didn't realize payment was due in advance blah blah blah. He pays $250 for the month, I waive fee's. Immediately gets behind again at the beginning of Oct. He makes payment arrangement, I waive half the late fee because I have no backbone and just wanted my money, I have an employee to pay on top of my bills. That was last Monday. Friday, dad doesn't show up, doesn't pay, asks mom to pick up.

Today Mom doesn't work but she drops off boy because it's dads day to pick up. I find out that the check bounced. Message dad telling him he owes $165 (amount of the bounced check) $35 insufficient funds fee, $62.50 for the current week and $30 in late fees and that if he doesn't pay until drop off tomorrow it will be an additional $10. Also informed him that, per contract, he could not drop off until payment is made in full......Dad messages back and states that he's removing child from care and taking him elsewhere on his days, that he moved and works on the other side of town but he will bring me $200 on Friday.... Um, NO. you owe more than $200 and even if your removing him from my daycare you must pay a two weeks notice and all late fees until payment is made in full. Dad doesn't reply to this and then he doesn't show up to pick up child from daycare. Mom calls a few min before pickup and says that dad refuses to come and she will be here as soon as she can but obviously would be late.

She wants to keep daycare boy here on her days but I don't take part time clients so I tell her that he can stay until I fill the spot with a full time client... I only give her this because 1/2 the money is better than none and I've been advertising for an open spot for 3 weeks now with no calls/interviews. Just not the right time of year to get clients unfortunately. UGHHHHHH frustrated. sorry that was long. Anyone know how to go about suing dad for the remainder of payment if he doesn't pay or only brings $200 on Friday.
Reply
Josiegirl 02:13 AM 10-31-2017
Pintsize, I have no idea about collecting what dcd owes you, you might want to post a separate thread if you get no responses on this venting thread. But why oh why, did dcm not pursue child support???
Reply
amberrose3dg 08:18 AM 10-31-2017
Oh my. It is frustrating to have these issues. I had the same thing happen to me with a foster family. The second I enforced payment they left.
Did you have a contract? He acknowledged that he owed you in a text. I am hoping you can use that. My thoughts are he most likely won't pay and try to get the child in somewhere else with that money he owes you.

Reply
daycarediva 09:14 AM 10-31-2017
Originally Posted by pintsize:
Sorry I'm gonna ramble here: I charge $125 a week. Mom lost state assistance because she didn't want to go after dad for child support. They both agreed to pay half. $62.50 per week due per parent on Friday by 6pm. $10 per day late fees added at 6:01 each day per my contract.

Daycare dad is late 7 of the last 9 weeks. The first two weeks I accept his excuses, didn't realize payment was due in advance blah blah blah. He pays $250 for the month, I waive fee's. Immediately gets behind again at the beginning of Oct. He makes payment arrangement, I waive half the late fee because I have no backbone and just wanted my money, I have an employee to pay on top of my bills. That was last Monday. Friday, dad doesn't show up, doesn't pay, asks mom to pick up.

Today Mom doesn't work but she drops off boy because it's dads day to pick up. I find out that the check bounced. Message dad telling him he owes $165 (amount of the bounced check) $35 insufficient funds fee, $62.50 for the current week and $30 in late fees and that if he doesn't pay until drop off tomorrow it will be an additional $10. Also informed him that, per contract, he could not drop off until payment is made in full......Dad messages back and states that he's removing child from care and taking him elsewhere on his days, that he moved and works on the other side of town but he will bring me $200 on Friday.... Um, NO. you owe more than $200 and even if your removing him from my daycare you must pay a two weeks notice and all late fees until payment is made in full. Dad doesn't reply to this and then he doesn't show up to pick up child from daycare. Mom calls a few min before pickup and says that dad refuses to come and she will be here as soon as she can but obviously would be late.

She wants to keep daycare boy here on her days but I don't take part time clients so I tell her that he can stay until I fill the spot with a full time client... I only give her this because 1/2 the money is better than none and I've been advertising for an open spot for 3 weeks now with no calls/interviews. Just not the right time of year to get clients unfortunately. UGHHHHHH frustrated. sorry that was long. Anyone know how to go about suing dad for the remainder of payment if he doesn't pay or only brings $200 on Friday.
How frustrating!

This is why I contract with ONE parent for ALL issues. Payments, contract, etc. everything goes through ONE parent. Married, divorced, don't care. ONE parent is responsible.

Do you have Dad's signatures on the contract for payment? If you do, then you MIGHT be able to pursue what he owes, late fees, and two weeks notice (or whatever your contract states) otherwise- you're not likely to receive anything.

I would type up a final bill for DCD, include late fees, his portion of the two weeks notice, etc with a final payment due date and NO LONGER take payments from him.

Give mom a separate contract entirely, and IF you do parent time, charge her a higher daily/weekly rate and make the part time days set. Eg. if you charge 25/day now, make her days 30 or 35/day, so 105 or 120 for the part time week, that way you aren't taking a total income loss.

GOOD LUCK!
Reply
HappyEverAfter 09:18 AM 10-31-2017
Originally Posted by pintsize:
Sorry I'm gonna ramble here: I charge $125 a week. Mom lost state assistance because she didn't want to go after dad for child support. They both agreed to pay half. $62.50 per week due per parent on Friday by 6pm. $10 per day late fees added at 6:01 each day per my contract.

Daycare dad is late 7 of the last 9 weeks. The first two weeks I accept his excuses, didn't realize payment was due in advance blah blah blah. He pays $250 for the month, I waive fee's. Immediately gets behind again at the beginning of Oct. He makes payment arrangement, I waive half the late fee because I have no backbone and just wanted my money, I have an employee to pay on top of my bills. That was last Monday. Friday, dad doesn't show up, doesn't pay, asks mom to pick up.

Today Mom doesn't work but she drops off boy because it's dads day to pick up. I find out that the check bounced. Message dad telling him he owes $165 (amount of the bounced check) $35 insufficient funds fee, $62.50 for the current week and $30 in late fees and that if he doesn't pay until drop off tomorrow it will be an additional $10. Also informed him that, per contract, he could not drop off until payment is made in full......Dad messages back and states that he's removing child from care and taking him elsewhere on his days, that he moved and works on the other side of town but he will bring me $200 on Friday.... Um, NO. you owe more than $200 and even if your removing him from my daycare you must pay a two weeks notice and all late fees until payment is made in full. Dad doesn't reply to this and then he doesn't show up to pick up child from daycare. Mom calls a few min before pickup and says that dad refuses to come and she will be here as soon as she can but obviously would be late.

She wants to keep daycare boy here on her days but I don't take part time clients so I tell her that he can stay until I fill the spot with a full time client... I only give her this because 1/2 the money is better than none and I've been advertising for an open spot for 3 weeks now with no calls/interviews. Just not the right time of year to get clients unfortunately. UGHHHHHH frustrated. sorry that was long. Anyone know how to go about suing dad for the remainder of payment if he doesn't pay or only brings $200 on Friday.

It seems you have been more than patient and more than kind regarding this whole situation. My thought is, can DCM be held liable for DCD fees? I'm not sure how your contract was set up so that could be a determining factor. Before I did childcare I worked billing in a medical office. We had a divorced mom and dad who took turns bring in their son and dad always paid for everything. It was fine at first but then something went sour in the divorce proceedings or whatnot and the Mom was the only one bringing the son in. She was not paying and said we were to forward bills to the dad. Bills came back unpaid. Dad stopped answering my calls. Wouldn't pay the $400+ he owed us. Mom kept bringing in the son and not wanting to pay. I finally had to tell her she couldn't bring him anymore unless she paid at time of service and began making payments on the previous balance. She got super mad and said it wasn't her responsibility to pay for her son, that dad was supposed to. I told her she would need to take it up with him but until payments were made, no more treatment was going to be given. She left the practice, without paying us one red cent. We ultimately sent her and dad to collections for the balance. Because they had joint custody, the bad debt for their son was reflected on both of their credit and we were able to go after both of them. So depending on how your contract was written may determine if you can pursue collections and if so, who will be held liable.
So sorry you're dealing with this and hope it gets resolved quickly!
Reply
pintsize 11:56 AM 10-31-2017
Originally Posted by amberrose3dg:
Oh my. It is frustrating to have these issues. I had the same thing happen to me with a foster family. The second I enforced payment they left.
Did you have a contract? He acknowledged that he owed you in a text. I am hoping you can use that. My thoughts are he most likely won't pay and try to get the child in somewhere else with that money he owes you.
Yes I have a contract with both parents separately stating that they are both responsible for $62.50 per week due on Friday, the week before care is provided. and it lays out what days each one is to pick up/drop off. and states that if there is a change then I need proof. Example, mom picked up on dad's day, showed me a text proving that dad gave her permission to pick up from daycare and take dcb to a trunk-or-treat
Reply
pintsize 12:04 PM 10-31-2017
Originally Posted by Josiegirl:
Pintsize, I have no idea about collecting what dcd owes you, you might want to post a separate thread if you get no responses on this venting thread. But why oh why, did dcm not pursue child support???
I don't know. It's probably for the best that I don't have to be in the middle anymore. they were fine at first. then started the little annoying things "I just bought those shoes/jacket/toy so don't let her take them, send him home in these old ones..." The first time I was shocked and just agreed. Ok wont send dcb to moms wearing the new shoes. second time he asked I said No. Those shoes belong to dcb, not to you. If they are your shoes/coat/toy and you want them to stay at your house then don't bring YOUR stuff to daycare. that was probably the start of the downfall with dcd. That and not letting him drop off when dcb was sick. parents.
Reply
pintsize 12:07 PM 10-31-2017
Originally Posted by HappyEverAfter:
It seems you have been more than patient and more than kind regarding this whole situation. My thought is, can DCM be held liable for DCD fees? I'm not sure how your contract was set up so that could be a determining factor. Before I did childcare I worked billing in a medical office. We had a divorced mom and dad who took turns bring in their son and dad always paid for everything. It was fine at first but then something went sour in the divorce proceedings or whatnot and the Mom was the only one bringing the son in. She was not paying and said we were to forward bills to the dad. Bills came back unpaid. Dad stopped answering my calls. Wouldn't pay the $400+ he owed us. Mom kept bringing in the son and not wanting to pay. I finally had to tell her she couldn't bring him anymore unless she paid at time of service and began making payments on the previous balance. She got super mad and said it wasn't her responsibility to pay for her son, that dad was supposed to. I told her she would need to take it up with him but until payments were made, no more treatment was going to be given. She left the practice, without paying us one red cent. We ultimately sent her and dad to collections for the balance. Because they had joint custody, the bad debt for their son was reflected on both of their credit and we were able to go after both of them. So depending on how your contract was written may determine if you can pursue collections and if so, who will be held liable.
So sorry you're dealing with this and hope it gets resolved quickly!
Mom might pay up if I gave her until tax time. she's very low income and always complains about how broke she is, or how she needs to call this agency or that to ask for help before her ____ utility gets shut off. I don't want to charge mom or rock the boat with her. She has brought me 2 other clients and if she leaves on a bad note her friends and their 3 kids might go too and then i'm really in trouble financially. I would rather go after dad, it's his bill. He runs a flooring business, he understands how business and contracts work.
Reply
Blackcat31 12:15 PM 10-31-2017
Originally Posted by pintsize:
Mom might pay up if I gave her until tax time. she's very low income and always complains about how broke she is, or how she needs to call this agency or that to ask for help before her ____ utility gets shut off. I don't want to charge mom or rock the boat with her. She has brought me 2 other clients and if she leaves on a bad note her friends and their 3 kids might go too and then i'm really in trouble financially. I would rather go after dad, it's his bill. He runs a flooring business, he understands how business and contracts work.
If mom wants to keep her child in your care, she needs to stop trying to "help" dad out and worry about her own child care needs.....in other words, she needs to file for child support or assistance if she qualifies.

BOTH these parents are taking advantage of you because you are allowing it.

Mom seems to use her poor financial situation as a reason for X or Y but doesn't seem to want to actually "fix" it.

I would never allow a client to hold me financially hostage and that is what is happening here.... I'd rather rock the boat with BOTH parents that be stuck in the middle of their drama.
Reply
amberrose3dg 12:35 PM 10-31-2017
If you have a contract then dad will need to pay up! You can file against him. As far as mom. I would not let her take advantage anymore. Poor is no excuse to hold it over your head. That is her issue not yours!
Reply
Blackcat31 12:58 PM 10-31-2017
Originally Posted by amberrose3dg:
If you have a contract then dad will need to pay up! You can file against him. As far as mom. I would not let her take advantage anymore. Poor is no excuse to hold it over your head. That is her issue not yours!
Plus in 9 out of 10 situations, it has nothing to do with actually being poor but instead it's about making poor choices.
Reply
HappyEverAfter 01:46 PM 10-31-2017
Originally Posted by Blackcat31:
Plus in 9 out of 10 situations, it has nothing to do with actually being poor but instead it's about making poor choices.
So, so true! I used to work with a "struggling" single mom who's would cry and complain at work about not having enough money to feed her child. Initially I felt bad for her but then I noticed her acrylic nails were always done and her Red Bull habit wasn't suffering and so on. She wasn't poor. She was poorly managing her money and lacking the ability to prioritize.
Reply
Unregistered 02:00 PM 10-31-2017
I don't think I explained the situation very well in regards to mom. I shouldn't have mentioned her at all because this issue has nothing to do with her. Dad signed the contract stating he would like to bring his child part time and would pay $62.50 a week. Dad got behind. Dad owed late fees. Dad wrote me a $165 check. Dad's check bounced. Dad is pulling his son out of care without providing a 2 weeks notice.

None of the above has anything at all to do with daycare Mom. She has no obligation to pay. Mom has a contract to bring child part time, mom pays $62.50 per week and her late fees the twice shes been late. Mom is sorry is happened and Mom knows she's loosing her part time spot because I do not provide part time care.

Even though mom is now going to go after dad for child support and try to get her daycare assistance back, she will have to tell them that dad has daycare boy 50% of the time and the other 50% he's with dad whom takes dcb to a different daycare so this changes nothing and I will not be able to keep daycare boy because I don't provide part time care. It would be to difficult to fill the other half of the spot when daycare boy would be here Tuesday/Friday one week and Monday, Wed, Thursday the second week.
Reply
pintsize 02:01 PM 10-31-2017
OOps forgot to log-in. That was me replying above :-)
Reply
Blackcat31 02:09 PM 10-31-2017
Originally Posted by Unregistered:
I don't think I explained the situation very well in regards to mom. I shouldn't have mentioned her at all because this issue has nothing to do with her. Dad signed the contract stating he would like to bring his child part time and would pay $62.50 a week. Dad got behind. Dad owed late fees. Dad wrote me a $165 check. Dad's check bounced. Dad is pulling his son out of care without providing a 2 weeks notice.

None of the above has anything at all to do with daycare Mom. She has no obligation to pay. Mom has a contract to bring child part time, mom pays $62.50 per week and her late fees the twice shes been late. Mom is sorry is happened and Mom knows she's loosing her part time spot because I do not provide part time care.

Even though mom is now going to go after dad for child support and try to get her daycare assistance back, she will have to tell them that dad has daycare boy 50% of the time and the other 50% he's with dad whom takes dcb to a different daycare so this changes nothing and I will not be able to keep daycare boy because I don't provide part time care. It would be to difficult to fill the other half of the spot when daycare boy would be here Tuesday/Friday one week and Monday, Wed, Thursday the second week.
Ok now I am confused....if you don't offer part time care how did mom get a contract for part time care?

If you only agreed to a contract for part time (with mom) because the dad brought child the opposite weeks, then it DOES have something to do with mom.

I understand that you probably made an exception (because technically child is full time) but you made that exception based on BOTH parents therefore making it BOTH parent's responsibility.

Mom is essentially losing care because of dad.

You can't separate their situation when making a contract but then separate it when something goes amiss.

When you made the exception to take part time with mom was she aware that if dad didn't hold up his end of the agreement that she would be losing care?
Reply
MyAngels 03:26 PM 10-31-2017
Originally Posted by pintsize:
Anyone know how to go about suing dad for the remainder of payment if he doesn't pay or only brings $200 on Friday.
Take a look at the county court website for whatever county you are in. Many of them have a section on how to pursue a small claims complaint. You'll most likely have to pay the filing and service fees yourself but can usually get those back if you prevail in the case.

Collecting is a different matter, and it can be tricky. Since you have bank information you might be able to do a garnishment there. You can also try garnishing his wages.

Years ago, when I worked at a law firm doing collections, we would send out a demand letter along with a filled out small claims complaint, giving the person a date to pay in full before the complaint was filed. That usually worked pretty well unless they were just a complete deadbeat.
Reply
pintsize 04:27 PM 10-31-2017
Originally Posted by Blackcat31:
Ok now I am confused....if you don't offer part time care how did mom get a contract for part time care?

If you only agreed to a contract for part time (with mom) because the dad brought child the opposite weeks, then it DOES have something to do with mom.

I understand that you probably made an exception (because technically child is full time) but you made that exception based on BOTH parents therefore making it BOTH parent's responsibility.

Mom is essentially losing care because of dad.

You can't separate their situation when making a contract but then separate it when something goes amiss.

When you made the exception to take part time with mom was she aware that if dad didn't hold up his end of the agreement that she would be losing care?
Yes, mom knew that if dad didn't pay his half or pulled their son during his parenting time then I would have to give her a two week notice. She knows that she can pay $125 a week and keep the spot regardless of attendance but I don't think she can afford that right now. honestly, she's been getting a lot of evening hours and is home most days out of the week so I was anticipating her pulling dcb herself... but she's looking for a first shift job and didn't want to loose her spot so she's still been bringing him semi-regularly and paying her half. I'm just saying, in regards to dads bill, I'd rather go after him in court than ask mom for the money, I do not think it should be her responsibility.
Reply
pintsize 04:32 PM 10-31-2017
Originally Posted by MyAngels:
Take a look at the county court website for whatever county you are in. Many of them have a section on how to pursue a small claims complaint. You'll most likely have to pay the filing and service fees yourself but can usually get those back if you prevail in the case.

Collecting is a different matter, and it can be tricky. Since you have bank information you might be able to do a garnishment there. You can also try garnishing his wages.

Years ago, when I worked at a law firm doing collections, we would send out a demand letter along with a filled out small claims complaint, giving the person a date to pay in full before the complaint was filed. That usually worked pretty well unless they were just a complete deadbeat.
Thank you. I was doing some research today and that's exactly what I'm going to do. Dad hasn't picked up his final bill, so I texted him a picture to show him that it's $407.50 and not the $200 he offered to bring on Friday. I'm gonna wait until Friday to see if he pays any or all of the bill, if there is still a balance, I'm going to mail him the bill through certified mail so that he has to sign that he received it and add a copy of the small claims court papers, letting him know that if he doesn't pay by x date then I will be filing and adding court costs and lost hourly wages to the claim as well.
Reply
HappyEverAfter 05:26 PM 10-31-2017
So they signed two, totally separate contracts? If so then you shouldn't have any issue going after the dad. If they signed the same contract with just the understanding that they would each pay their part of the care then if you go after him with legal action, it will automatically include the mom, regardless of whether or not you want it to. May seem like a small issue but the legality of collections often comes down to the little details like that.
Reply
Cat Herder 05:01 AM 11-01-2017
Originally Posted by Unregistered:
this issue has nothing to do with her.
The problem I see here is that you believe this.

It is not true.
Reply
biglou 06:58 PM 11-01-2017
Pintsize

Consider this a lesson learned and if you can check to see what your local laws allow for in small claims court, example, if the loser must pay all court fees to winner and as you say your contract contains the info on 2 weeks notice to terminate and daily late pay, etc... then go ahead and try to get your money!

For the future, do not get involved in parent finances.
Good luck in your future business.

Big Lou
Reply
Tags:payment issues
Reply Up