Firstly, thank you for your prompt and complete responses. I am completed exhausted from this process that began in July 2011.
I will follow your advice on modifying the MSA. How does that work, do out lawyer go and argue it out or do both lawyers present why it should or should not be modified?
The issue with Child Support is that we completed the Child Support Worksheets based on my spouse moving out of country and me have the children at least 22% of the time. I completed worksheets that also have Child Support worked out for the time she is still in the are and Time Share should be 50/50, so Child Support is greatly reduced. However, she only submitted the worksheets reflecting the Child Support based time share when she has them the majority of the time.
The MSA states, "The Husband shall tender the first child support payment directly to the Wife in the amounts outline above on or before July 1, 2013."
Does this mean, it will not be adjusted for the remainder of the time that she is in the area when time share is 50/50. She did not submit the worksheets with the 50/50 time share and we don't know if she will be here for 4 months or 16 months. She will not say.
Finally, the is a paragraph that states:
"The parties agree that the Wife will undertake new employment when she relocates from XXXXX with the minor children. Once the Wife is employed, the parties both agree to provide to one another with current earnings information, including verification of income, to facilitate the recalculation of child support given the changes in the respective earnings of the parties. This process will occur automatically and will not require additional or proceedings."
Does this recalculation only happen when she relocates and undertakes new employment? Or does this statement encompass the entire issue of Child support and it being recalculated as changes come up? My salary changed 5 days ago, with a reduction of $3000 (housing allowance), I am not eligible now. I am afraid she will fight this.