3 yr old child. 5 yr marriage. Both parents live close. Both parents fit. Equal income. No real estate. No debts.

During pending divorce, my parenting time gradually increased but child support (CS) stayed same. So she got overpaid 8k.

She is willing to do equal custody in 2024. Which I want now. I also want those 8k. She says take equal custody after 1yr and forget money.

My lawyer says take it. Since the trial won't happen another yr.

However I want those 8k and will get that very likely if we go to trial.

Should I take the deal, forget money and settle ?