Daycare.com Forum

Go Back   Daycare.com Forum > Parents and Guardians Forum

Parents and Guardians Forum Parents and Guardians should post and answer questions here.

Reply
 
Thread Tools Display Modes
  #1  
Old 01-08-2016, 01:42 PM
mt_griz99's Avatar
mt_griz99 mt_griz99 is offline
Daycare.com Member
 
Join Date: Jan 2016
Location: Montana
Posts: 2
Default Daycare Provider Expects 6 Months of Payments to Leave

We are new parents and found a daycare that in the beginning seemed really great. But over time we have had some issues and began looking for other options (Namely our 6 month old coming home with a black eye and no one knowing how he got it, finding seeds in his poop and them saying they never fed him anything like that, being able to go pick him up and seeing no adults around 6 babies)

When we contacted our provider we told her that we have found an in home nanny that will be much more convenient for us (at this time we drive 20 miles one way to drop him off) and she told us that she expects us to fulfill the entire contract. (6.5 more months)

When we signed the paperwork she asked when we would be needing care, for me as a teacher I said until summer vacation, so we put that date down. She didnt tell me anything that we would be required to keep him there until then. We have read the contract over and over again and there is zero language about how to leave or how much notice is needed (perhaps on purpose).

We gave her two weeks paid notice, and infact he has not been there for 4 weeks because I was home on Xmas break so she got a month paid for not seeing our child, and yet she is saying we owe her either our normal 2 week payments or a payout of the entire remaining amount (1680). Is that normal in daycares? Can she take me to court if I refuse to pay it.

Another tid bit, we found out after the fact that she is an unlicensed daycare and she has also been refusing to give us her Tax ID for our FLEX and taxes.

Any help would be appreciated, maybe I just need to hire a lawyer, it would be cheaper the 1600 im sure.
Reply With Quote
  #2  
Old 01-08-2016, 02:09 PM
Blackcat31's Avatar
Blackcat31 Blackcat31 is offline
 
Join Date: Oct 2010
Posts: 16,632
Default

Quote:
Originally Posted by mt_griz99 View Post
We are new parents and found a daycare that in the beginning seemed really great. But over time we have had some issues and began looking for other options (Namely our 6 month old coming home with a black eye and no one knowing how he got it, finding seeds in his poop and them saying they never fed him anything like that, being able to go pick him up and seeing no adults around 6 babies)

When we contacted our provider we told her that we have found an in home nanny that will be much more convenient for us (at this time we drive 20 miles one way to drop him off) and she told us that she expects us to fulfill the entire contract. (6.5 more months)

When we signed the paperwork she asked when we would be needing care, for me as a teacher I said until summer vacation, so we put that date down. She didnt tell me anything that we would be required to keep him there until then. We have read the contract over and over again and there is zero language about how to leave or how much notice is needed (perhaps on purpose).

We gave her two weeks paid notice, and infact he has not been there for 4 weeks because I was home on Xmas break so she got a month paid for not seeing our child, and yet she is saying we owe her either our normal 2 week payments or a payout of the entire remaining amount (1680). Is that normal in daycares? Can she take me to court if I refuse to pay it.

Another tid bit, we found out after the fact that she is an unlicensed daycare and she has also been refusing to give us her Tax ID for our FLEX and taxes.

Any help would be appreciated, maybe I just need to hire a lawyer, it would be cheaper the 1600 im sure.
Okay, first off I would ask her to SHOW you where it says you owe X amount for termination of the contract.

If she did chose to sue you, SHE would bear the burden of proving it...know what I mean? So just because she says it doesn't make it true. You would have had to sign agreeing to it before it is considered a contract.

As for the refusal to give you tax info;

YOU as the parent are required to bring her a W-10 form (you can print one off the IRS website for free) and ask her to fill it out. If she refuses, you can tell your tax preparer that she refused (she can be fined up $50 for refusing to sign) but you can still claim your child care expenses whether she gives you her info or not. You'll probably have to ask your tax preparer how exactly you do that when you don't have your providers info but I KNOW you still can claim it.

Hope that helps

Not sure if it makes a difference or not but can I ask what state this is in?

Last edited by Blackcat31; 01-08-2016 at 02:20 PM.
Reply With Quote
  #3  
Old 01-08-2016, 02:17 PM
mt_griz99's Avatar
mt_griz99 mt_griz99 is offline
Daycare.com Member
 
Join Date: Jan 2016
Location: Montana
Posts: 2
Default

We are in Montana.

I am going to bring the contract to a lawyer just for clarification, but there is no info in it about termination anywhere and the part where we put the end date, she is saying in contractually binding, but when I filled out the forms she just asked me how long I would be needing care and never mentioned that its contractually binding or I wouldnt have put an end date.
Reply With Quote
  #4  
Old 01-08-2016, 02:25 PM
Blackcat31's Avatar
Blackcat31 Blackcat31 is offline
 
Join Date: Oct 2010
Posts: 16,632
Default

Quote:
Originally Posted by mt_griz99 View Post
We are in Montana.

I am going to bring the contract to a lawyer just for clarification, but there is no info in it about termination anywhere and the part where we put the end date, she is saying in contractually binding, but when I filled out the forms she just asked me how long I would be needing care and never mentioned that its contractually binding or I wouldnt have put an end date.
I would have major issues with that. Just because you knew you'd need care until summer break doesnt mean you are contractually obligated to pay through that date.

If she was trying to be sly, she'll still have to show proof of her intentions.

If she thinks you should have to pay through that date, then what happens if she termed you? Would she have to find you alternate care through the same date?

You had NO idea something (her quality of care, level of services etc) wouldn't change so I honestly don't think she acted in the best interest of her own business if she truly thought that things worked that way.... and if she did, she should have done a much better job of spelling it out so her clients had a clear understanding of that rule.

When I have policies in my contract that are important for parents to understand, it's discussed thoroughly and is in writing in multiple places in the handbook and the contract.
Reply With Quote
  #5  
Old 01-08-2016, 03:17 PM
Thriftylady's Avatar
Thriftylady Thriftylady is offline
Daycare.com Member
 
Join Date: Aug 2014
Location: Ohio
Posts: 5,887
Default

My contract clearly states written two weeks notice is required. If the contract you have didn't clearly state a notice period, I would consider two weeks a good fair amount (because it is common although I know some providers require a month). I would call it good and if she chooses to sue you so be it, but if her contract isn't clear then she likely won't win.

The unlicensed thing may or may not mean anything. I am legally unlicensed. Some states allow that others do not. As far as the tax thing, if you ever use another provider ask beforehand if they provide that. I always have, never considered not doing it. But I have one parent right now who has been with me since August when I had her sign for it a week or so ago say "I have never had a provider who would give me that", so it must be common. I for one wouldn't take the risk, and can't imagine why providers don't claim. Yes we pay more taxes because we have to pay all of it, no employer pays any part, but we also get a ton of deductions.

Make sure with your nanny, that you are paying a fair rate and sending in her taxes and such as you should. In the case of a nanny, you are her employer.
Reply With Quote
  #6  
Old 01-09-2016, 08:11 AM
spedmommy4's Avatar
spedmommy4 spedmommy4 is offline
Daycare.com Member
 
Join Date: Mar 2015
Location: Northern Oregon
Posts: 933
Default

I agree with the previous posters. She will bear the burden of proof in court to show the judge where it says that in her contract. The language must be clear to anyone reading the contract.

Additionally, if she was not licensed, she should not have had any more than three children in care at any given time. It looks like even licensed home childcares can't have more than 6 in Montana.

Here are the regs: https://daycare.com/montana/home.pdf
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
I Am Sick Of Sick Kids Coming In mickey2 Daycare Center and Family Home Forum 26 02-01-2018 12:28 PM
Operating an Unlicensed Daycare Stephan Parents and Guardians Forum 315 06-08-2017 04:52 PM
Leaving a Care Provider I Love happymom Parents and Guardians Forum 10 06-12-2015 11:36 AM
What Happens After You File A Complaint? Unregistered Parents and Guardians Forum 8 04-22-2013 11:51 AM
Looking for Male daycare provider/ Male operated daycare Unregistered Daycare Center and Family Home Forum 1 10-17-2008 07:55 AM


All times are GMT -7. The time now is 02:15 PM.



Daycare.com         Find A Daycare         List Your Daycare         Toys & Products                 About Us

Daycare.com
Please read our Disclaimer before continuing.

Topics pertain mainly to the following States:

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming