The first thing that I note is that you are planning a review in January. So, what happens if you cannot agree to change the custody arrangement in January? You will then have to file a child custody claim in the county where you live. I would continue to ask for more time with the children, making yourself available for daycare, babysitting, any time that she needs away from them.
Do you have to wait for January to file a child custody action? No, but you should note that the court gives a great amount of deference to a recently signed separation agreement and may not make any changes to your current custodial arrangement. Your best option may be to speak with your attorney, or a law firm in your area, about your options after a careful review of your separation agreement.
Also, you want to make sure that you have a reason for asking for more time with the children that works in their best interests. The goal of reducing a child support obligation may not be your best reason to ask for a modification of your custodial arrangement, as this appears to be a hidden issue in the question below. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.