Legal Question in Family Law in Indiana

Re: Day care contract questions

The first step with such a dispute is to review the contract in detail. This will give some idea of what each party's obligation is to each other. As I have not been able to do so before responding, the issues at hand can only be generally touched upon and should not be regarded as applicable or reliable legal advice in your particular situation.

The day care provider may have a different contract or agreement with others since entering the one with you. If so, a different term with the other individuals should not make the contract with you void. Yet, if the issues of race, faith, ethnicity or gender exist and have resulted in you being treated diffrently, then this may have an impact. Policy change alone does not appear enough. This does not mean that the contract could not be amended or changed so long as all the parties to it agreed. It certainly could be subject to the new terms at the time of it's expiration date. Again, if all wish to renew it and all are in agreement.

If you have given notice to discontiune use of services pursuant to the contract, look to any provision which addresses payment obligations. That is if you are still obligated to contiune paying. Also, if the day care provider denied care where they were still obligated to provide it, in spite of your notice to discontinue, they may be in breach of the contract.

If you have already prepaid, you may wish to consult with an attorney as to your options in demanding a pro rata refund of the prepayment and legal action if a refund as demanded does not result. If you have not prepaid, you may consider not paying and prepare to defend against any demand or legal action to recover it by the day care provider.

Once again, review of the contract is a must in order to determine your position and potential legal action. Otherwise none of this may really apply to the situation. Also consider the amount of money in contraversy. Is it enough to justify legal costs for recovery. One is not necessarily entitlted to recovery of attorney fees and costs if they previal. However, the contract may provide for this and award it to the prevailing party. The issue for recovery of attorney fees and costs may also be a explored even if the contract does not provide for them where fraud is a real issue.

If you are seriously considering some kind of action, your interests you be best served by having an attorney review the contract. At the very least this minimal investment may give you the direction you need, one way or another.

The choice is clearly yours alone to make.