Q: is there a law that daycare centers MUST prorate for days the child misses it they are there full time?
My sons dad is trying to get out of paying for daycare unless they prorate cuz he misses 5 days. He is now 2 months behind in daycare.
A: There's no law that I'm aware of. You look at the terms of the contract you signed and agreed to. If the contract says prorate, you prorate. If the contract says it's a fixed rate regardless of days missed, you pay in full. If the contract is silent, there's a decent argument the fee should be prorated because the daycare center is the drafter and ambiguities in a contract are decided favorably for the non-drafting party. Additionally, there are common law theories to contracting your son's father could argue, such as unconscionability; however, your son's father is unlikely to be successful on this front.
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