Letter to opposin counsel - Opinion?

[Citizenoftheworld34]

Background: Where I live is really hard to find licensed childcare spots available so we had to work with what we could. That meant a place 2 subway stations away from home. At the time, we had a DC, we were married and we had a car. Currently, it is 2 DC, divorced, I am single and I don't drive. So 2.5 years praying for one of the closer places to call. I work full time. My commute is 45 minutes. I have to do dropoff at school for DC5 and dropoff at daycare for DC2, that adds another 45 min. Plus 2 pickups in the afternoon...

XH has proved to be a jerk repeatedly to be a total drain for my energy and money, so although I have consulted the legal side with a lawyer, I don't can't afford or want to pay for them to draft the letter.

Now, this should explain the rest:

Hi XH-HotShitLawyer,

An issue regarding DC2's daycare has arised recently and I am writing to you in hopes that we can resolve it.

Please, find the situation exposed here:

DC2's daycare is far far away and she has been in the waiting list of a few closer daycares for a while. Both XH and I have registered DC2 in waiting lists.

On DateX I received a call from a daycare that is 2 streets away from DC5's school. I informed XH inmediately and he booked a visit to the center. Several emails followed from me to him with no replies. We had visited the centre and registered DC5 in the waiting list back in the day so I didn't expect any concerns, therefore, and as to not lose the spot I registered DC2. Father was informed and forwarded information, fees, receipt, etc. on DateX+7days. There was no expressed opinion/opposition until DateX+18days.

The lack of communication is not to be used to deliverately block resolutions and avoid making decissions. There are a wide range of reasons why this change is positive for all involved. Taking into account that I do almost all daycare dropoffs, that the daycare is close close away from DC5's school and there are a lot of double dropoffs/pickups, it is a licensed childcare ..., that we registered DC5 in the same daycare some time ago and that both XH and me have been looking for a closer daycare, I understand XH's actions as he is an ass antagonishing and unreasonable.

I hope that we can solve things amicably and that we don't find ourselves in a situation where the personal comes before what seems common sense and what we had planned.

If I don't receive a response from you by Today+10days as well as a reimbursement of the daycare fee that was requested via certified letter to your office after 3 ignored requests, I will be forced to commence court proceedings to get a resolution.

Sincerely,
Myself

What do you think of it? English is not my first language, I am null at negotiating and law is not my field, so open to any suggestions/advice!

Your letter doesn't make much sense.

Sorry, I am using real distances (not far far and close close) and also real dates and DC's and XH's names. Is that what you meant?

History is we were looking for a closer daycare and now we found it XH's first went silent, so I register DC2, then opposed to the change (long after DC2 was already registered) and finally is not paying his part of daycare, that I have assumed in full.

Registered = reserved, starting in a month.

Dear SHL

On X date I wrote to XH explaining that a nursery place had arisen at an alternative nursery for DS2. I chased him on [dates]. I did not receive a response and therefore to avoid losing the place I registered DS2 on [date].

As you will be aware, it is agreed between XDH and me that [he is responsible for all childcare costs / whatever the agreement is]. To this end I sent XDH copies of all invoices and receipts for fees on [date]. I chased on [dates]. I have not received any response.

It is in DS2's best interests to change nurseries as [whatever reason eg doesn't have to get up early]. This nursery had also been pre-approved by XDH when DS2 was registered on the waiting list in [year]. I can therefore see no grounds for objection to the change and, in any event, no objection has been communicated to me.

I am now writing to demand payment of [amount] to my account [details] on or before [date]. If I do not receive this by this deadline I will be forced to seek legal advice with a view to taking proceedings for recovery if amounts due.

Please acknowledge recept of this letter by return.

Amend to fit facts BUT on what basis does he have to pay for this? Do you have something in writing? Practically if you don't there's pretty much no way to force him to pay. How much are we talking about and is this really a battle you want to fight?

I really like yoir wording Whyamistillawake, thanks! Clear and concise. Yes, we share childcare cost as we both work full time and it is necessary (and expensive!). It is in writing and proportional to income.

That second letter is great. Just that the daycare was approved initially for DC1. It is much less emotional, but nothing argue with there.