Divorce Source: Child Support Guidelines: Deviating for Private School Expenses

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Child Support Guidelines: Deviating for Private School Expenses
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We guarantee you will not find a more informative product on this subject anywhere! This Manual has been written by an experienced attorney who provides a detailed discussion and analysis of this subject topic with references to cases, Manuals, and other resources for additional research if desired.

Manual Summary:

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.

Š National Legal Research Group, Inc.

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Child Support Guidelines: Deviating for Private School Expenses
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