My son was in a home daycare facility. He was coming up with bruises on his legs, and I was unsure of how he got them so just to be on the safe side I put in my 2 weeks notice. That Thursday he got a black eye, she stated that he fell out of the playpin, and then the following day he had another bruise on his forehead. I had enough and took my son out of the daycare. He was getting to many bruises so I took him out, and he never returned. However, I did not finish my 2 wks. She is now charging me $125.00 for the last week, and then $10 a day in late fees until we meet in court about 40 days later. My question is do you think I will still have to pay even though I took him out of daycare for his safety, and can she charge me $10 a day. I though there was a limit like 25% of original amount. I have reported her, but I am really curious if I am still going to have to pay her. I feel as though I shouldn't have to, and I think her late fee ($10 per day) is ridiculous and it couldn't possibly be legal.
1 Answer from Attorneys
The trier of fact, i.e., the judge will determine that based upon the evidence
which each side presents to the court at the scheduled hearing.