Court Ordered Daycare

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  • bstbaker43
    Daycare.com Member
    • Sep 2016
    • 4

    Court Ordered Daycare

    I have a single DCM who is divorced. She has been with me 3 months. Recently she told me the courts ordered her ex to pay 60% of her day care costs and instructed me to bill him for his share. I informed her that my contract was with her but she insists the court order supersedes our contract. Is this true? I don't want the hassles of billing 2 parties. thank you!
  • Poptarts22
    New Daycare.com Member
    • Aug 2016
    • 89

    #2
    The court order is against him and her. Not you. She is responsible for paying you and he is responsible for reimbursement to her in the amount of 60%.

    Comment

    • DaveA
      Daycare.com Member and Bladesmith
      • Jul 2014
      • 4245

      #3
      I agree with Poptarts- I would ask to see whatever part of the court order that says he has to pay you directly. This is really something DCM and DCD should work out between themselves and not put you in the middle.

      Comment

      • bstbaker43
        Daycare.com Member
        • Sep 2016
        • 4

        #4
        It has been going on for about 3 weeks- so she is in arrears of a few hundred dollars. Have never dealt with this before so at first thought I was stuck. The court order states simply that he is required to pay X amount in child support and 60% of day care.

        Comment

        • daycarediva
          Daycare.com Member
          • Jul 2012
          • 11698

          #5
          She is responsible to pay you. He is responsible to pay her. I have been in these situations several times with daycare parents. I have it in my handbook that I only deal with ONE parent for payment, regardless of situation (eg even married parents, ONE parent pays me and is responsible to do so.)

          Unless the court order says he must pay you directly, (and I cannot imagine a judge ordering that) it does not void your contract.

          You need to speak to this dcm and tell her you need payment IN FULL by Friday or you will have no choice but to either terminate his contract effective immediately or not allow him to return until all fees are paid in full (and this would include my late fees)

          Comment

          • Unregistered

            #6
            I have gone through this before, both personally and professionally. The ex-husband reimburses her - promptly (usually within 21 days, but depends on the state and how fast she gives him receipts).

            I would put her on notice that she needs to catch up on she will be termed.

            Comment

            • Blackcat31
              • Oct 2010
              • 36124

              #7
              Originally posted by bstbaker43
              It has been going on for about 3 weeks- so she is in arrears of a few hundred dollars. Have never dealt with this before so at first thought I was stuck. The court order states simply that he is required to pay X amount in child support and 60% of day care.
              Unless your name/program name is listed specifically in the suit, YOU/YOUR PROGRAM have nothing to do with her divorce and custody arrangements.

              I've had this same situation where a DCD was court ordered to pay for 75% of the costs of child care.

              My agreement/contract was with mom.

              From whom she got the funding (her child's father, the government or her own bank account) was NOT my concern.

              My concern was only that DC MOM paid me for services.

              The rest was hers to figure out.

              I would require DCM to pay her invoices as you expect other families to do. If she has the funds, has to get them from her ex or what ever is not your issue.

              I would suspend services until you receive payment or YOU are going to be the one screwed over....all DCM and DCD need to do it move daycare child to another program and start anew leaving you with an outstanding balance.

              Stop providing additional services until you've been paid up to date.

              Comment

              • Blackcat31
                • Oct 2010
                • 36124

                #8
                Originally posted by bstbaker43
                I have a single DCM who is divorced. She has been with me 3 months. Recently she told me the courts ordered her ex to pay 60% of her day care costs and instructed me to bill him for his share. I informed her that my contract was with her but she insists the court order supersedes our contract. Is this true? I don't want the hassles of billing 2 parties. thank you!
                Tell DCM, its FAMILY court not BUSINESS court...

                Comment

                • bstbaker43
                  Daycare.com Member
                  • Sep 2016
                  • 4

                  #9
                  thank you everyone! She has just been so insistent that she is right that I have really been second guessing myself.

                  Comment

                  • sharlan
                    Daycare.com Member
                    • May 2011
                    • 6067

                    #10
                    Uh, nope, not happening that way.

                    I have one right now that the father has been ordered to pay 50%. My contract is with the mother, never met the father. Mom pays full amount of my contract. How and if she gets reimbursed from the father is not my problem.

                    Comment

                    • Leigh
                      Daycare.com Member
                      • Apr 2013
                      • 3814

                      #11
                      I have a family going through this right now. Dad refuses to pay. Mom pays me and every month, I give her an invoice showing what each parent owes for the month and what each parent has paid.

                      Mom took the invoices to child support enforcement and they are going to add the average of the last 4 months into his monthly child support payment, since he refuses to pay me or mom. She has paid me in full every time. I won't go chasing after a deadbeat dad...mom is my client, not him.

                      Comment

                      • Unregistered

                        #12
                        Originally posted by bstbaker43
                        thank you everyone! She has just been so insistent that she is right that I have really been second guessing myself.
                        Even if he was required to pay you I wouldn't have continued caring for a child for 3 weeks with out being paid in full each week.

                        Comment

                        • bstbaker43
                          Daycare.com Member
                          • Sep 2016
                          • 4

                          #13
                          I am learning that. It was the whole idea of being helpful and understanding and such.

                          Comment

                          • Pestle
                            Daycare.com Member
                            • May 2016
                            • 1729

                            #14
                            Originally posted by bstbaker43
                            I am learning that. It was the whole idea of being helpful and understanding and such.
                            That's rough. I'm developing a spine as I go, too. However, this isn't being helpful and understanding; this is someone manipulative trying to push you into a corner by making you feel evil for expecting to be paid for services rendered.

                            Comment

                            • Mom2Two
                              Daycare.com Member
                              • Jan 2015
                              • 1855

                              #15
                              If dad doesn't reimburse mom, I'm pretty sure she can go to ORS for help with recovery. It's part of their child support agreement.

                              Comment

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