Daycare contract

[Donedeal]

What is the name of your state (only U.S. law)? CT

My wife works at the daycare where my son goes. We signed renewed an annual contract for him starting in August. She's since acquired a new job and he will be leaving there to start at her new daycare at end of August, just prior to the start of his what would be new contract year for daycare. Upon giving her resignation, they stated that they will attempt to fill his spot with a family of similar income, but stated that any deficit we would be liable for paying throughout the next year, while he is not going there. The program is income based and we pay 1400/month, so if his spot is filled by a family that pays 1200/month, we are liable for paying the daycare 200 month for the next 12 months. Can they actually enforce this? I've requested a copy of his contract, so I don't have the specific verbiage in front of me, but even if it does state this in there, how legally binding is it? Can they send it to collections/effect my credit?

 

[AdjunctFL]

What is the name of your state (only U.S. law)? CT

We signed renewed an annual contract for him starting in August.

Until you find out what the contract says, I'm not sure anyone can suggest what might happen. Didn't you get a copy when you signed it?

 

[Silverplum]

Does the contract specify that it's null if Mom moves jobs?
(I doubt it does.)

 

[LdiJ]

What is the name of your state (only U.S. law)? CT

My wife works at the daycare where my son goes. We signed renewed an annual contract for him starting in August. She's since acquired a new job and he will be leaving there to start at her new daycare at end of August, just prior to the start of his what would be new contract year for daycare. Upon giving her resignation, they stated that they will attempt to fill his spot with a family of similar income, but stated that any deficit we would be liable for paying throughout the next year, while he is not going there. The program is income based and we pay 1400/month, so if his spot is filled by a family that pays 1200/month, we are liable for paying the daycare 200 month for the next 12 months. Can they actually enforce this? I've requested a copy of his contract, so I don't have the specific verbiage in front of me, but even if it does state this in there, how legally binding is it? Can they send it to collections/effect my credit?

You need to take the contract and run it by a local attorney, but I am pretty sure that the daycare is BS'ing you. Holding someone to a one year contract in the world of daycare makes no sense. In fact, I am wondering if they got your wife to work for next to nothing because they were able to assess a 1400.00 a month daycare fee for your child, and now they aren't likely to find someone who is willing to work as cheaply as your wife, and fair market rates for daycare are not 1400.00 a month.

As far as can they send it to collections? Unfortunately, the law allows anybody to send anything to collections even if its totally bogus. Therefore yes, your credit can be affected by something totally bogus, unless you stop it before it happens. So, it would be necessary for you to actually take the daycare to court to get a verdict against them in order to absolutely ensure that they won't mess with your credit. Or, in the alternative hire an attorney to scare them into guaranteeing not to send something bogus to collections.

 

[Silverplum]

This article says daycare is $1400/month for 1 child daycare in CT. http://m.ctpost.com/news/article/Trending-Where-day-care-breaks-the-bank-4750405.php

Most expensive in the country.

 

[LdiJ]

This article says daycare is $1400/month for 1 child daycare in CT. http://m.ctpost.com/news/article/Trending-Where-day-care-breaks-the-bank-4750405.php

Most expensive in the country.

In that case it shouldn't even be an issue of finding another family to take the available spot, so the problem has to be finding another employee to work as cheaply as they were getting mom. Employees of daycares normally get a discount for their own children to be there. Clearly this family was NOT getting one.