How did your lawyer allow you to get into this untenable schedule in the first place? Once again, I cannot overemphasize the importance of using an experienced attorney-mediator to work out separation and divorce. These matters are too important to use self-help and will come back to haunt you in the future, just as this situation confirms. This matter was not adequately thought nor was the matter of adjusting the child support according to the number of days each month that one spouse or the other has the children.
There is no reason why you both cannot set a fixed schedule for a minimum number of days, and a fixed amount of child support regardless of how many days your spouse takes the children in any one month.
I strongly suggest that you mediate this matter rather than litigated in court and suggest that if you are living in the New York City metropolitan area that you call me at 212-370-1660 to arrange for a meeting to discuss the matter together.
Leonard M. Weiner, Esq./Divorce Solutions