Thank you everyone!
Today, trial went about as well as I could have possibly hoped.
The first witness was the Human Resources person from my job, continuing her testimony from last month. Opposing counsel was alleging that I was hiding salary or deferring salary or something nefarious. My HR person provided the information that she was requested to provide. STBXW's attorney was pretty combative with this witness, which mostly made her look stupid.
The highlight of this first witness was when STBXW's attorney asked if she and I had talked since the previous trial day. She said "not very much" or something similar. Opposing counsel then pushed and made her explain that in more detail, which the more detailed response was "he just kept apologizing for getting me into this mess" and "no, we did not discuss the case at all."
After that, I got on the stand. Direct examination went as expected. We made all of the points that we wanted to make. I think that I appeared honest, calm, and cooperative.
About 15 minutes before the lunch break, cross examination began. STBXW's attorney went at me pretty hard but I feel like I did well. She tried to claim that I had said certain things during direct examination, but I disagreed and I flat-out told her she was twisting my words. She was not pleased; my attorney described her behavior as "unprofessional."
Then lunch break happened and I got a few pieces of advice from my attorney, but mostly she said that I was doing well. Our plan was for me to be cooperative but hold my ground. I was worried that I was being combative, but my attorney instructed me to keep doing what I was doing.
For whatever reason, I really got myself into the zone after lunch. STBXW's attorney kept asking me questions and I kept calm, gave ground where she had a valid point (for example, my clothing budget was too high and I admitted that) but mostly I skewered most of her theories. Examples: Do you really think that STBXW will be able to refinance her house as you suggest, given her limited income? Yes, she has almost $200,000 worth of equity, so yes she will be able to refinance. What about her $35,000 in credit card debt? Sure, she can roll that into her loan too. Another one was I said that STBXW's grocery budget was inflated based on receipts that I had from April to June 2019. Her attorney's question was "you had 50% custody but not now... so if you double the amount that you say... you get her grocery bill." I responded that STBXW's custody only increased from 50% to 70% and so more correctly, you should multiply my amount by 7/5 which means that her grocery bill was inflated by $250 per month or so.
Towards the end, I think that STBXW's attorney figured out that cross examination was only helping me, so she stopped. She kept trying to catch me in some sort of inconsistency with my testimony, but I kept bringing her crazy ass theories back to the evidence.
The main issue was that my salary was much lower in 2020 than in previous years and she wanted an explanation. The explanation, of course, was pretty obvious. I suffered from depression throughout most of 2017 and 2018 and therefore I did not get as many projects. My projects are typically ~3 years in duration, so no new work from 2017 means that less salary in 2020. She started to ask me about my history of mental health and I specifically said that it began in August 2016, which was an oddly specific answer and she caught the hint that her next question would include me saying that STBXW had admitted to a decade-long extramarital affair. STBXW's attorney smartly did not ask a follow-up question to that.
When I was done, my attorney immediately wrote "great job!" but perhaps she would have said that if I did poorly?
After it was all over, my attorney basically said that she had no idea how we could "lose". She said that usually has a feel for where a judge will rule because family law is not rocket science and she just can't see how the judge will rule in a way that will make me unhappy. In her opinion, their case was pretty pathetic and lacking any rationale beyond "the temporary agreement works great for us!!!" Our case was based on the actual laws and included strong evidence to back it up.
I tend to be optimistic, but I also think that the judge dropped several hints that his ruling will go my way (note: "my way" is a pretty broad swath of outcomes... the main hope is that my monthly payment of $3250 per month is dropped to $1700-$1900 per month). The biggest hint, of course, is that he allowed STBXW's attorney to subpoena my HR person in the middle of the trial (i.e., this should not have been allowed... the discovery period ended a week before trial).
In addition, he emphasized early in the day that if we did not finish today that we would not have another trial date this calendar year. This is important because delaying the decision only benefits STBXW because the temporary ruling favors her so strongly. The judge also seemed to have forgotten all of STBXW's testimony disparaging me and my parenting. Basically, he was not keen about our response testimony (during direct examination) in which we described how I was an active father (historically) and that STBXW is actively preventing me from participating in the kids' medical care. This is relevant because her argument is that she is so busy being a great mom that she couldn't possibly work full time -- I think that he forgot that because he didn't believe it (or it isn't supported by the law).
Anyway, I am confident... but I won't know for quite some time. The lawyers have to submit some sort of written document before Thanksgiving and then the judge will rule after that.
[This message edited by barcher144 at 8:05 PM, October 22nd (Thursday)]