How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ScottyMacEsq Your Own Question

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11553
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Family Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

Bottom line This is from a child care contract. Am I obligated

Customer Question

BotXXXXX XXXXXne: This is from a child care contract. Am I obligated to pay if I don't give the 21 day notice. Please note the statement in ( ). Seems like the last statement negates the previous ones.
____ TERMINATION
Three (3) weeks (21 calendar days) notice is required by either party to terminate child care. Parents are financially responsible for the final three weeks of care whether or not their child attends. If your child does not attend, subsidy payment will not be accepted as you must pay the full weekly rate as listed above (I do not get paid if your child is not here for the week)...
Submitted: 3 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 3 years ago.
Chat Conversation Started
ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Customer :

Pardon my spelling. Under "already tried"...yet she wants payment for 3 full weeks

ScottyMacEsq :

Since there is an ambiguity in the contract, the court is going to attempt to resolve the ambiguity in a way that does not negate any of the provisions of the contract. That is, they are going to read the first clause and read the second clause in a way that does not conflict with the first clause, if at all possible. But ambiguities are going to be interpreted against the drafter of the contract (which sounds like her). It sounds as though she is talking about "subsidy payment", which probably means subsidy through a government, agency, etc..., and the requirements for those are that the child must attend the entire week, in that she does not get paid (from the subsidies) if the child is not there the entire week.

ScottyMacEsq :

Now that is a valid way of interpreting the contract, and as such, it does not conflict with the prior clause.

ScottyMacEsq :

This would be the most likely interpretation by the court.

ScottyMacEsq :

Should it go to court.

ScottyMacEsq :

And if so, it would determine that you were financially responsible for the amount owed (the full three weeks).

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it's the law. I hope that clears things up anyway. Good luck to you!

Customer :

Thanks. I forgot about the gov subsidy . That blows, because of her notice of termination, I had no choice but to get my child with another provider and I'm having to pay BOTH parties. I'm satisfied w/the answer even though I don't like it. Thanks again.

Customer :

Is there anything else I need to do other than hit "accept"?

ScottyMacEsq :

I'm sorry that I couldn't give you a better answer. You could continue trying to negotiate, but legally speaking, she has the right to this amount.

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11553
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 5 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney