As many know, Virginia has developed and enacted child support guidelines that are based on parents' gross income, number of children, custodial time, cost of child care and cost of health insurance for the children. Although these guidelines provide the presumptive amount for child support, deviations can be awarded. One consideration for a deviation is the cost of private school. However, seeking a deviation for such costs is under repeated scrutiny by the courts and there are many factors that must be considered and information that must be presented including but not limited to whether public schools in the area are able to meet a child's needs, whether the child has special emotional or developmental needs that are better handled by a private school, the financial resources of the parties, the educational history of the child to date and others, etc. It is important to understand the law that provides courts the authorities to deviate.
