Expert: Ray A Miller - 2/1/2011

Question
I provide child care out of my home and took on a client 4 months ago. This client was under state child care assistance and knew I was not licensed and by the first month knew it would take me a long time to get licensed. I gave her a considerable discount since I knew she couldn't afford it, she choose to stay with me and pay the discounted price. He child had behavior issues that are beyond my level of experience or patience and I gave her a 2 week notice (as per my contract that she signed) to find new care. During the time of care I had a lapse in ethical judgment and violated confidentiality (without naming but pretty descriptive). I accept responsibility for that, but she is now using it against me so she wont have to pay for her last month. I want to take her to small claims but with the indiscretion would it be worth it? Can it be used against me in this case? She owes me $400 as per our verbal agreement, $645 as per the signed contract.

Answer
I do not feel it would be worth it under the circumstances to take her to court because she could counter sue for the breach.  Perhaps she would pay a reduced amount to prevent a law suit.

On the other hand you have a written and signed contract and are well within your rights to be paid and if it takes a law suit to collect, so be it.

I do not know of any legal issues and to get further advice you may want to contact an attorney, thus not making it worth the trouble.

I hope you have found this helpful.