If there was no provision for college tuition, when should I go back for modification? Child is 16.

Q: My child is starting to look at college, and is a sophomore in high school. There was no provision for college in the original agreement. I want to know when I should file for a modification – soon, to ensure a pro-rata split (all of our current costs are 70/30) for tuition, or wait until the child has been accepted? If the latter, will there be enough time for a judgment to be made before tuition is due that August before he goes? We are both working professionals, who both went to college.

A: You should wait until the child is accepted into college. At that point, you’ll be able to present the Court with the exact anticipated costs – and at that point the Court will be able to consider most recent incomes of each party to set the proper pro-rata. Schedule a consult with a Westchester Child Support Attorney for a full assessment.