Daycare Contracts

I had a similar situation with an in-home care but it didn't get ugly. Without your copy of the written contract, it would be difficult to fight if she does indeed take you to small claims. Regarding the tax ID number, if you are friends with any of the other parents you can get it from them, just tell them you forgot to get it from her and can't get her on the phone. I would file a report with the state on her as well, they will do an investigation. Not sure where the written ad was but if it's something like Craigslist, you can flag her ad and it will get taken down.

If the contract says 2 weeks notice then I would pay the 2 weeks or she does have a case unless you are able to prove that your child was in immediate physical danger. But I would require that she give you a copy of the contract and the tax ID when you hand her the final check. Also make her sign a paper saying that the final check puts you in the clear and nullifies the contract. Then I would just walk away having learned some very valuable lessons. Never sign a contract unless there are 2 copies at the time and both parties sign both copies. That way you would have an easier time with a counter claim. Also the tax ID should be on the contract.

Do you have proof you paid her? cancelled checks and such? Well in order to take you to small claims I believe she would have to provide them with a letter of the contract. Did you give her a letter stating why you left? If not I would do so and send it certified mail.

Did you pay cash every time? If you paid by check, this would work for receipts that you did pay her for daycare. If she's licensed, the state has her ID number and could get it for you. Since you would have copies of returned checks showing that you paid her, you should be able to get her ID number and claim it.

I hope you paid her with checks because it will help if she lies. If you paid cash I would pay the two weeks with check and make sure that you send it certified mail with the memo line stating this is the two weeks pay for removing your child. You could get a copy of the contract you signed if you get a lawyer I am sure, but that may cost more then if you just pay it, as unfair as it seems. In the certified letter state the reasons you removed your child and that being blackmailed for the tax ID number is unprofessional and probably illegal. Make copies of everything for you to keep. Then send copies into the better business bureau and to the state child agency, so they can check her out more. She has more to lose then you do and would be smart to work with you.

You may want to let her know that you don't need her TIN to file, and refusing to give the info will result in a fine from the IRS, and possibly an audit.

Fill out the W-10 form with her name and address, then add "See Attached Form" and include an letter of explaination statinf that the person is refusing to give you a tax ID, SSN or DL number. The IRS will deal with her for you.

You should have clear records of making payments. A record of the checks, money order receipts, or cash receipts. If you don't have any of those things and are audited, you'll end up paying back the deduction.

As for the contract, you may be legally obligated to pay the 2 week penalty despite your issues with her. Without seeing the actual contract, I can't say for sure. Unless she plans to file in small claims court, I don't see anything coming of it.