Payment Issues

[MyAngels]

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.

[pintsize]

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.

[pintsize]

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.

[HappyEverAfter]

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.

[Cat Herder]

this issue has nothing to do with her.

The problem I see here is that you believe this.

It is not true. :hug:

[biglou]

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.

• Regardless of marital state, list both parents on one contract
• State that you will accept a single check from either parent for full payment for any given pay period. Do not accept multiple checks as this gets sloppy and opens you up to many issues.
• State in your contract that both parents are responsible for payment regardless of which parent presents checks for payment
• If you must accept payment from each parent separately, then have each parent submit a security deposit equal to two weeks as I believe it is acceptable to ask for two deposits if they insist on paying separately! Also ask for payment in advance and choose a minimum 2-4 week minimum payment schedule.

Good luck in your future business.

Big Lou