thethinblueline 02:29 PM 10-11-2012
So here is the run down. Ex put child in a in-home daycare that charges double what everyone else charges (including Kindercare). The daycare is a friend but is licensed. When we went to go check it out she showed us the contract that is signed by the ex. I didn't sign and after leaving sent my ex an email stating that I don't want our child here. She said that it was up to her even though I am paying the majority of the bill. So she has been going since the beginning of September. I paid in protest on the rate that she had published through the state which was 1/2 of what I was quoted. She since had sent me a bill with over $400 worth of late fees. What is the standard on this? I didn't sign any contract and further more do not want my daughter going there. I caught her in two lies when I visited her home before my daughter began going. What does the law do in a case where I did not sign the contract, my ex did. I have since paid the court registry the amount she claims I owe her.
Blackcat31 02:36 PM 10-11-2012
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littlemissmuffet 03:14 PM 10-11-2012
I don't know what options/rights you have in regards to chosing your child's daycare or if you were required by the courts to pay all daycare fees, or if this is something you and your ex worked out on your own - but I think you and your ex need to sit down and have a little chat. The daycare has every right to charge late fees if your child is either being picked up late or payments are coming in late - do you pay the daycare directly, or does mom take your money and pass it along?
I agree you shouldn't be paying late fees if mom is picking up late, or if mom is paying late - but that's an issue with mom, not the daycare.
As a daycare owner, I always ensure both parents sign my contract to avoid any issues like this. If one refuses, I don't take on the family.
Do you and the ex share custody? If so, you must have some rights in helping choose the daycare you'd like your daughter to attend.
thethinblueline 03:22 PM 10-11-2012
We have joint custody and decision making, however in the parenting plan it doesn't list out daycare. As far as how I am ordered to pay, I am ordered to pay 75% of daycare costs after proof mom has paid and proof of work hours. I pay directly to the daycare and the reason this is becoming an issue is that the daycare provider is her friend. She is listing out prices online through Child Care Aware and quoting them on the phone that she charges $100 per week for a school age for before and after school care, yet she is telling me that I am to pay $175 per week. We have since got our attorney involved and she is handling it, but I guess I was hoping for a little insight into contracts. How can my ex go against my wishes and place her somewhere that I don't want her being. Also when we visited *during her posted hours* there were 3 adult males working on motor cycles at her house with no background checks. There was a lot of fishy things going on, just not an enviroment that I want my little girl. It's not about the money, it's about her safety and happiness. Thanks for your help.
familyschoolcare 04:20 PM 10-11-2012
If it is about where your child is and how much say you have in that then it is a court issue not a daycare issue. I only have to have a signed contract from one parent for it to be legally binding, this also goes for permission slips.
littlemissmuffet 04:26 PM 10-11-2012
Originally Posted by thethinblueline:
We have joint custody and decision making, however in the parenting plan it doesn't list out daycare. As far as how I am ordered to pay, I am ordered to pay 75% of daycare costs after proof mom has paid and proof of work hours. I pay directly to the daycare and the reason this is becoming an issue is that the daycare provider is her friend. She is listing out prices online through Child Care Aware and quoting them on the phone that she charges $100 per week for a school age for before and after school care, yet she is telling me that I am to pay $175 per week. We have since got our attorney involved and she is handling it, but I guess I was hoping for a little insight into contracts. How can my ex go against my wishes and place her somewhere that I don't want her being. Also when we visited *during her posted hours* there were 3 adult males working on motor cycles at her house with no background checks. There was a lot of fishy things going on, just not an enviroment that I want my little girl. It's not about the money, it's about her safety and happiness. Thanks for your help.
I completely understand. And this situation does sound fishy - how is the daycare provider even explaining these extra fees away? And I don't like the sound of the 3 men without BCs on premises either. Also, in my professional opinion, it's bad business practice to provide services to a friend... so right there, I have a problem with your daughter's current provider.
I am glad your attorney is involved and I truely hope she can help resolve this issue ASAP and your daughter can fllourish in a daycare that both you and mom agree upon!
I wish I had more advice, but I honestly have no idea what the laws/regulations are in your state. I would think however, it would be extremely difficult for the provider to enforce her contract and payments with you if you have not even signed anything with her! Especially since there is nothing in writing saying that mom gets to solely decide on the child's daycare and you simply pay...
Please, let us know how things turn out. And best of luck to you and your daughter!
Willow 06:41 PM 10-11-2012
There is a difference between joint physical custody and joint legal custody.
If you have joint legal custody request a formal invoice detailing her actual rates and the additional charges. You have a right to that information.
If she won't provide you that information directly have your lawyer send the request.
Get your proof squared up as far as something like an audio recording of the lower prices she's quoting over the phone or screenshots of what the website is reporting as her actual rates.
Continue paying your percentage of the actual childcare costs (those quoted on the website and via phone) and those alone as currently that is all you have been ordered to pay. Unless the order states you are to pay late fees or whatever else then you don't have to.
If she doesn't like that (and guaranteed she won't) then let her take you to court. She'll have the burden of proof and imagine her surprise when you'll be the one that has proof of her attempt to commit fraud.
I'd let her perjure herself in court first. Would bode well in your favor on this issue as well as others in the future.
Wouldn't hurt to call up the county and ask if there have been any violations as far as having unbackground checked individuals on the premises during daycare hours in the past.
Best of luck to you.