I suggest that you get this modified. If the new custody agreement is already modified and there has been a significant finacial change then the order the judge signed could be looked at for modification. I would suggest that the e-mails be used and get this modified legally so that there are no issues that come up down the road…
If you want to be guaranteed that she will not take the nights away from you, then you should get the new custody agreement in writing and then pursue a modification of child support. However, if she feels tricked, that may impact the co-parenting relationship between your Husband and his ex wife. I would run the child support number and see if the amount of money he is going to save in support is worth the difficulty it may cause.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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in Feb of last year my husband and his ex (w/ the help of the lawyers) devised a new custody agreement which the judge signed which gives him 4 additional nights per month and every other week in the summer. It was noted that this would be in effect until Dec without changing support. In Aug his ex agreed to give him more overnights (+4/month). In addition to these additional overnights my husband’s income has decreased by about $1500/month, child care has increased by over $100/month and medical insurance (he pays for children) has increased by about $20/month. Can we go back for modification of support even though his ex has only verbally given these overnights? We do have her statements in e-mal.