Can a separation agreement “set in stone” child support payments that will survive future challenges?
I’m currently in process of separating from my wife (her choice), we have 4 children (3-8yrs old) involved. I do not have legal council yet. I make only slightly more than she does. She initially agreed 50/50 physical custody, the calculator (with me covering half of insurance and child care) has me paying her $187 per month in child support. I think we are close on framework of a deal to split assets, have me pay her $200/month, and have me take on majority of debt payments. After meeting with an attorney she claims to “not care about the money” but wants all the kids to physically stay with her on school nights (I would end up taking them out to eat, play, etc and put them to bed at her house). I’m more concerned over spending time with them, not where they physically sleep at night… we have agreed to split expenses already, and even if she had them a lot more we would still split clothing, etc. What I am concerned is she will end up keeping them enough that I will have them less than the magic number “123” nights, and she can go back later and get child support figures changed. If she is primary physical custody on schedule A I would owe ~$2000/mo in CS, Insurance, and child care out of my $3000/mo net salary.