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Pursuant to the federal mandate at 42 U.S.C. 667(b)(2) (Supp. 1999), every state has enacted child support guidelines that act as a rebuttable presumption as to the appropriate amount of child support in any case where child support is to be determined. Under each state's guidelines, the court may deviate from the presumptive award when awarding the presumptive amount would be unjust or inappropriate under the circumstances of the case.

One of the most common reasons for a court to deviate from the presumptive award is to provide tuition for private school. In thirty-six states, "special educational needs" is specifically listed as a deviation factor, while most, if not all, other states allow deviation for educational needs under a catchall deviation factor.

Certain consistent principles have emerged from the cases in which the court has considered whether to deviate for private school tuition. This Manual summarizes those principles.

National Legal Research Group, Inc.