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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm on a limited income and 't have a lot of money, but I

Customer Question

I'm on a limited income and don't have a lot of money, but I have a situation I need an answer to asap. I was watching a mans daughter, he originally agreed to the $60.00 per day because I would be keeping overnight from 4 pm. Tuesday till for 4 pm thurdays every other week and Fridays from 4 pm til Saturday 4 pm every other week. the first week end I was to have her, he cancelled out. I could not charge him for that because he had not come by as requested to sign the agreement paper. the second time he came, I got the girl for the 3 days and he came and only paid me $90. He also signed the agreement paper. He later text me and said he misunderstood me, and he couldn't pay that amount. it was revised to $40 a day but he has not paid me the $200.00 he owes me. He refused to give me an address so I only have his work. Is the paper legal & binding? it also states on the paper that I get paid whether or not the child is here and I require a 30 day notice if he decides to take her out of my care. He gave me a 3 day notice. Can I still require him to pay the 30 days too?
Submitted: 5 months ago.
Category: Family Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

It does not matter what was agreed to verbally. What was written controls. This is known as the parol evidence rule. So whatever he signed controls the situation and IS binding if it details the parties, what is to be done, and what he is to pay.

So you can require him to pay the money promised in the written document and can also demand the 30 days notice if this is in the document. You can sue in small claims court to enforce the matter if you want to.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 5 months ago.
I wander if you can answer another question for me? it seems that his address for home is in correct. Would a Constable be able to call his job and get the correct one? or the District Justices Office ? He works in another town from me And he has a daughter enrolled in the local school here in town
Expert:  Ely replied 5 months ago.
No, I am afraid not. They typically would not do this for you. If you wish to sue him, you have to file suit and then provide his address.
The good news is that if you use a private process server to serve him, then the private process server will often find the proper address.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 5 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or marked the question positively. I am simply touching base. Let me know. Thanks!