Under what conditions is someone entitled to a refund of pre-paid fees?

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Under what conditions is someone entitled to a refund of pre-paid fees?

I’ve been assisting my ex-wife with the cost of daycare for a little over a year. Our agreement was to split this expense down the middle. She has recently lost custody of our daughter who now lives with me and will require a new daycare program. Can I request the return of my money from the first daycare? No agreement or contract exists between me and the daycare, only with them and my ex-wife although I have been contributing monthly financially in the spirit of cooperation for our child’s sake.

Asked on July 24, 2011 Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, if you personally are not the one who contracted with the day care--for example, your ex-wife is the one who enrolled  your son; you merely helped pay the bills--then you have no right to request a refund from the day care. They do not owe you any duties, since you are not the one who was their customer or who contracted with them.

Second, even if you were on the service agreement or contract with them, you would only be entitled to a refund to that degree that the agreement itself provided for a refund or return of monies in certain circumstances; it is not the case that by law, someone is entitled to a refund if they decide to cancel a service they were paying for, but instead ony have those refund rights granted in the agreement.


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