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how to communicate with ex about childcare

post #1 of 11
Thread Starter 
A little background to my main question: dd has been continuing at the daycare that she started at a year ago even though I have not had a need for her to go there since I finished classes in the winter. Ex sends her there on the days (2 days per week) that he has custody of her. I told him I didn't really want her there or see a need (I have also been increasingly unhappy with the daycare; we are changing to a new place in the fall) since I am home all the time now. But he wanted her to continue and ultimately it wasn't my decision to make.

However, I have tried to back down on communicating on his behalf with the owner of the daycare. If she has payment issues, I want her to take them up with *him* because it's his responsibility. If she has issues about him occasionally not bringing dd in and forgetting to call, I have tried to urge her to address HIM with those issues. My position is: I'm not married to him, I'm not his keeper anymore, if HE needs dd to go to daycare then he can be a big boy and sort out all the details of that.

The PROBLEM is that he recently decided not to continue sending her there for the rest of the summer (mostly because I told him that I wasn't eligible for the money from the university for this summer and he didn't want to have to pay out of pocket to keep sending her there!--he also has had some issues with the daycare). Fine, great with me. I decided I wasn't going to have a talk with the owner about dd not continuing there because, like I said, this is all his responsibility now--besides which I rarely see her (the owner) since ex takes dd there on HIS days (I pick her up one afternoon per week there, but often the owner is not even there at that time).

Well, guess what? He never told her. This morning he told her that it would be dd's last day and she was furious. She says that we needed to give her at least six weeks written notice and she wants to charge us for the next two months now.

Ex thinks it was my fault for not telling her since I have always been the one to deal with these things. I think it's his fault because this was his need and his decision and because we aren't married anymore and so why should I have to do the things I have "always done"? Isn't that the point of not being married anymore?

Obviously none of this matters to the owner of the daycare. All she knows is that she was owed 6 weeks notice and she doesn't care whose fault it was. In fact, she has suggested to me that it's more MY fault because I'm the one who signed the contract, not ex-- (Because, again, when we were married, I was the one who kind of was responsible for these things) although she knows that it's ex who has kept sending dd there and that I don't need her to continue.

So now I'm thinking about how I have approached this situation so far and wondering how ex and I can successfully communicate in the future with our new day care. On the one hand, I don't want to have to babysit him and make sure he's taking care of his responsibilities regarding childcare. On the other hand, I don't want to look bad to the new staff of the new daycare nor, certainly, do I want ever to be held financially responsible for ex's failure to do what he should be doing.

How do I navigate these sort of competing interests that I have: to be strong and not enable ex's irresponsibility and also to be responsible to the daycare, who don't care about our personal issues?

Thoughts, advice, wisdom, personal experience?

TIA for reading through this novel!
post #2 of 11
honestly you might be stuck with paying out the 6wk notice and hope that your ex compensates you for it (but from what you said its highly unlikely. At the time you no longer needed her for your days you should have given her the requested 6wk notice in your contract and inform her that she'd need to get something worked out with your DD's father. It sucks because now your in that position but honestly the daycare worker shouldnt be *out* because there are miscommunications between you and your ex.

You mentioned that you'll need care for next fall, I highly suggest that you get 2 contracts one for your days and have your DH work out his contract for his days so that your not in this postition again.
post #3 of 11
Thread Starter 
Quote:
Originally Posted by luv-my-boys View Post
honestly you might be stuck with paying out the 6wk notice and hope that your ex compensates you for it (but from what you said its highly unlikely. At the time you no longer needed her for your days you should have given her the requested 6wk notice in your contract and inform her that she'd need to get something worked out with your DD's father. It sucks because now your in that position but honestly the daycare worker shouldnt be *out* because there are miscommunications between you and your ex.

You mentioned that you'll need care for next fall, I highly suggest that you get 2 contracts one for your days and have your DH work out his contract for his days so that your not in this postition again.
Thank you for your input. Here's my only thing: 1) I won't have a need for childcare in the fall, just ex. So theoretically I shouldn't have anything to do with her childcare at all EXCEPT that: a) I will be the one picking her up from daycare on the second afternoon and b) I don't want the daycare to know nothing about it me; I want to be able to communicate with them, too, if there are issues or anything going on or whatever else.

Is it even possible--does anyone know?--for parent's to have two separate contracts for one child? And if something like this happened again, how would 2 separate contracts really help me? Because wouldn't I still be held responsible (albiet jointly--but I'm not sure the daycare provider has a leg to stand on, legally, just holding me responsible in the first place)?

I do agree, though, that ultimately the miscommunication between ex and I should not be our childcare provider's concern. That's why I want to figure out the best balance for the future. So difficult!
post #4 of 11
Quote:
Originally Posted by La Sombra View Post
Is it even possible--does anyone know?--for parent's to have two separate contracts for one child?!

It sure is you just need to find a child care person who will do it. I did daycare in my home and had a few split arrrangements going on. But if you dont need childcare I wouldnt sign a thing, its totally his deal to set up and pay. Your only thing would be to be named a responsible person for emergencies/pick ups/contact info.
post #5 of 11
Anything you sign the contract for you are responsible for. 6 weeks is a bit crazy on notice Ive only ever done 2 weeks.

If HE needs childcare then HE needs to sign the contract and be responsible. Sign nothing but make sure they have all your contact numbers.
post #6 of 11
how did you modify your dd's schedule at the daycare when your class ended? did you inform them in writing? who has been paying the bill since you quit bringing her there and your university no longer covered it? you or your ex?

this is definitely gray area. in hindsight, it would have been best to inform both the daycare and the xh that you were ending your contract as you no longer needed their services, and then xh would have the option of signing a two-day-a-week contract with full understanding of his financial obligation and the provider's requirement of six weeks' written notification. since you are the one on the contract, legally you probably are responsible. splitting it seems reasonable.
post #7 of 11
I believe that the provider has to prove that she can't fill the spot before she can charge you for that six weeks. It also has to be a policy that is clearly spelled out on the contract you signed. Where I live it is two weeks of notice. What does your divorce decree say about childcare costs? Where I live they break the decree down into a percentage of daycare costs for each parent. If yours does that then you may be stuck with that protion but no more than that.

I think you should tell your ex that you aren't going to be responsible for communicating with a daycare you aren't using or for signing anything for care you don't need. I don't think that you should worry about being on the next contract since you won't have any say over it, you won't be able to change anything about it without his permission, and you won't be paying for the care. In the daycares I have worked at a lot of families did the switch off at daycare and it worked just fine. We always knew who they were and what the custody situation was. We also took parent concerns seriously whether they were the one paying or not.
post #8 of 11
Quote:
Originally Posted by La Sombra
I decided I wasn't going to have a talk with the owner about dd not continuing there because, like I said, this is all his responsibility now...
If you want to avoid this problem in the future, remember to communicate your decisions to your ex. Here it sounds like *you* decided, but didn't fill him in on the details... he can't be expected to intuit his new responsibilities (even if it seems obvious) if there's a change in plans that he's totally unaware of. I know it's tempting, especially right after the divorce is final, to just drop all those responsibilities that you've been taking care of that are rightfully his. And that's fine, but he does need to be informed so he isn't left going "Waaah...?" and you're both stuck with 6 weeks of unnecessary daycare payments. If you did communicate this to him, then sorry, just ignore what I said.

Plus, and this has already been covered, but if the contract is yours then ultimately it's up to you to tie up loose ends. You've definitely gotten good advice regarding the contract thing.
post #9 of 11
How is childcare split in your parenting/support agreement? He should have to pay a percentage (ideally all, but not too likely) of what you owe the DCP.

In the future, however, I would let him do 100% of the childcare arrangements if he's the only one using daycare. There is no reason for you to sign anything, your ex needs only to list you as a parent and someone who can pick your child up. Can you work out a right of first refusal, if you're interested in caring for your DC instead of daycare?
post #10 of 11
Thread Starter 
Thanks all you mamas for your very helpful responses. Of course you are right that he can be responsible for signing a contract on his own and I only need be a pick-up and emergency contact! I guess that's basically the situation we have now, right?, only reverse... I am absolutely resolute now in the fact that he needs to sort this out. And of course those of you who said so or implied so--you are right: I do nothing but further complicate and muddy our situation when I continue doing things for him, no matter how I justify it to myself.

As to some of the other issues: in fact I don't think we (I) have a current contract with the daycare. Unfortunately after moving I can't seem to find the contract that we signed but I'm pretty sure that it expired in May. I don't think, FWIW, that the owner has a copy, either, because she has written to me to say, "Your ex says that he isn't on the contract..." and other stuff like that that implies to me that she doesn't actually have a copy. It wouldn't surprise me; she's very disorganized. So legally I don't even know that her threats are going to come to much. Of course the point is that I'm sorry that she wasn't told sooner and I want to be able to prevent such things from happening in the future. So that's why I posted this thread. And you all have given me great perspective on how to move forward and set some new precedents.

As to our divorce agreement, it basically says nothing regarding child care. We did a kind of DIY divorce and our divorce agreement is really open and vague on basically everything. So far, that has been fine because we haven't had any real disagreements about anything property or custody-wise. It may be worth amending someday if things get yucky. So far though, it's been okay--and even in this situation ex accepts that if it comes down to it he's going to have to pay half (although in fact I'm not convinced that he shouldn't pay it all...but that may just have to be a lesson for the future).

And as for First Right of Refusal: starting in the fall I will actually be in school on the days that dd is with ex. If she wasn't with him my mom could watch her one of the days and the other day dp will be home with her baby brother and could watch her. But I have no problem with her going to day care in and of itself--I just don't want to have to pay for it or be responsible for figuring it all out since I don't actually *need* it, KWIM?

Thank you all again for your input. What seemed kind of complicated and overwhelming in the beginning suddenly seems pretty clear, so thank you for your clear voices!
post #11 of 11
this is how we did it. i cant remember the contract because it was soooo long ago but both ex and i signed it. we wrote in the contract that ex would pay half on the first of the month and i would pay half on the 15th of the month.

they were very clear they needed one month's notice.

when i couldnt pay the 15th and was thinking of taking dd out the dc worked with me a trade so dd could keep going there.

however i was the one communicating with the dc. we were already seperated when dd started going to this dc. i let the dc know our situation, that we dont talk. so they made sure they made two of everything so we both got a copy.

a month's notice was a month's notice. it didnt matter who gave it. it HAD to be given.

i dont know about you but in my personal situation i would never trust my ex choose her dc or school. he didnt really know how to go about it. and he did leave it up to me. however in your case him doing all the legwork would be the best as pp said. and you can just be the parent who picks up. you dont need to sign anything.

btw when i lost my job ex wanted dd to continue at dc. he didnt want her home with me all the time. i respected his wishes and what i did was have dd in there half day instead of the full day. i kinda prefered that too so i wouldnt have to deal with him. he would be dropping dd off at ps or picking her up. so even though she went pt i paid for full time. however i called the dc and kept them informed. i did not change to pt because it gave me the freedom of when to send dd to dc.

now there are things ex just cant/wont do. even if i remind him one time. so i do it. like calling school and letting them know she wont be in when seh is with him. again i dont really mind that. i specially made sure i did that when dd was at dc so they wouldnt waste the lunch they cooked for her.

i still do a lot of reminding and sometimes i get barked at 'i know'. well he remembers some and doesnt others so i make sure so dd doesnt loose out. things like if dd has a bday party either i take her when she is with him or he takes her (very rare). for us its much easier that way.
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