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Daycare Center and Family Home Forum>Daycare Breached Contract?
Unregistered 06:41 AM 01-30-2016
I have signed a weekly contract of $250.00 and gave a $250 deposit. In January I fell behind week a) $100 week b) $250 . On week B I let the care provider know that on week C is pay the $350 and the $250 for that week because unfortunately as a single mother half my income was daycare and it was the first time I fell behind by more than $100.00. She ridiculed me and said I had to read her handbook and it clearly states a 10% late fee charge. I said there wasn't a problem I was more than happy to pay it. She then refused to charge me the late fee and just threatened to terminate care if I didn't keep up and to read my handbook since I seem educated I should be able to read and understand she's running a business. She also said that she never had issues with other families because the spouses actually helped them and I should make the father of my child help me or take care of my child if I couldn't keep up. I went home in tears completely disrespected and read the handbook over and over again as well as my contract. The contract signed states NO late fees or actions. But the handbook states On page 8 section "payment and tuition" "families whose accounts are past due for one month or more will no longer be admitted to the program". Based on the parent handbook I am not in violation of my contract. I informed her that there was no existing 10% late fee anywhere as well. I paid on week c) $600 all fees that were due plus $150 for week D. Due to bad weather he didn't go back until week d day Wednesday. She was extremely upset because I owed her $150 which I informed her I had already processed a direct payment from my bank to her plus that weeks fee. She wouldn't listen and called me a liar and stated that I obviously didn't care about my child's safety because I didn't care to pay her (I took this as a threat to my so ) things escalated and she said because I would just shut up I was disrespecting my elders. I informed her again I didn't mean to fall behind payments have already been processed and the money should be in her hands by Friday. She continue to state I was not allowed to fall behind and if I wanted to be late I needed to give more deposit. Yet my $250 does cover the $150 I was behind - she argued and said that's not how it works and I needed to read the handbook. I told her I did and again I was not in breach of contract because I didn't go over one mo th as the handbook states. This time she argued that the policy did not pertain to me because I was a weekly payer and not monthly. And if I wanted that rule to apply to give her $1000. I told her she was breaching her own contract. She said I was being unreasonable and that she can apply the rules however she wanted and that its all my fault for not keeping up with my weekly payments. She then asked how else this can be arranged and I said biweekly without a doubt will not fall behind because as soon as I get my paycheck I give her the money. She refused. I offered to pay late fees she refused (which I also mentioned that she had lied to me to scare me in regards to the 10%fee and said that it didn't matter as she was the owner of her own business). I explained that she only had two options monthly or weekly (no biweekly) so therefore I did what was more realistic. My son had been going to her since he was 8weeks old and he's now almost 6 months and it's the first time I am falling behind. When I brought this to her attention and again stated her handbook policy she said her policies did not pertain to me and that I should tell me husband to do something with his life and take care of the baby since we didn't care about his safety or wealth (again I took this as a threat). She then proceeded to kick me out and yelled for her husband which didn't allow me to put a jacket on my son not his socks. I cried all the way home. He didn't go Thursday or Friday. But Thursday I reprocessed her two payments $150 $ $250 and $250 for the following week. I sent her an email being the bigger person and apologized for the emotional argument and that I would try my best to keep up. Later that night I got an email with an immediate termination of care and stating I would receive my deposit refund. Am I wrong to state that she has illegal breached her contract on the basis of her late payment policy as it stands written in the handbook?
Josiegirl 09:06 AM 01-30-2016
Wow. Ok, I'm not saying you're embellishing or anything, please believe me, but we are only hearing one side of the story. My 1st thought was is this dcm's provider bi-polar and needs medication or something?? She's acting highly unprofessional, doesn't sound willing to work with you at all. Are there other issues between you and the provider, as in 'is the the proverbial straw that broke the camel's back'? Honestly, no matter what my relationship was with a dcp, I would never ever treat a client like this.
Having been terminated sounds like a blessing in disguise. And is $250 for 1 child the normal rate in your area? Has she been a wonderful provider up until that point? Either she's having a nervous breakdown or she's hiding her true character, which is scary to think about.
I have no idea how your contract reads but it sounds like it may be lacking in clarity. I think I'd pay(if she's saying you owe her $$ but it doesn't sound like you would be having given her a deposit in the beginning?) to get out from under her talons.

I'm sorry your experience with a home daycare has been like this. Most are not as you encountered.

If you paid the 250 when you enrolled wouldn't that cover your last week there? I'm not sure that I'd push it unless you can afford to take time off from work and you're 100% sure you're in the right. You don't happen to have any lawyer friends do you? That woman sounds just crazy enough to take you to the limit. And the comments she's throwing around about not caring about your ds's safety or health, wrong wrong wrong on so many levels.
Controlled Chaos 01:22 PM 01-30-2016
My take - your provider may have reached a breaking point as far as families not following her policies and is trying to get her business together. Maybe she updated her handbook for new families and forgot to update her contract with you? Either way, it sounds like she got personal about you not paying on time. If it were me, you would just have been denied childcare. No pay no stay. Sorry you are a single mom, but it should not effect you paying your childcare provider. Get on state assistance if you qualify, or cut back other places...I'm not saying its not hard, but it doesn't have any bearing on your contract.

As a parent I would not take my child to a provider who yelled at me, I would get my finances in order and shop around.
Unregistered 08:56 AM 01-31-2016
As a provider I need the payment be made on time or I can't pay my bills on time. Like many families I live paycheck to paycheck without a cushion. When a family is behind it does severely affect my family as well.
Tags:breach of contract
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