sorry for not replying sooner, been lying low just waiting for a decision now. Quite fortunately for me we ran out of time for closing arguments following two harrowing days in the courtroom
(I'll never complain that lawyers make too much money again) so the commissioner requested written arguments which I worked on throughout the holidays. Those were submitted on Jan 3.
With that opporutunity I was able to knit together a very sound, logical argument on each of the issues and we'll see what happens.
In court I feel I accomplished my goals, got my points across, my cross exam of my ex showed clearly that she was lying and being evasive on several issues. She had an expert witness testify, a psychologist who interviewed her family and my daughter but not me, he issued a report and recommendations; on cross I got him to admit that any report or recommendations made without benefit of input of my side of the story would of course be biased and one-sided. She had my daughter's third grade teacher testify that I had participated only once in school functions last year, on cross she admitted that I probably was actually at functions four times and had spoken several times on the phone with her. I got my ex's mother to admit that my child was capable of applying ointment to herself at nine years old, that was one of the reasons a weekend visitation had been withheld, my ex claimed only she could apply this medicine. And key to the ex's case, two professional modeling and acting agents testified to my daughter's ability and need to be in NY. I got one to admit that I had never interfered with my childs modeling activities in florida to her knowledge over the past seven years and the other to admit that she has numerous child clients who don't live in NY or LA but travel there as needed but remain in their hometowns with their families, friends and schools the rest of the time.
That's all I ever asked for.
On the financials, I raised the point that promissary estoppel was key to this case, as no attempt to collect "outstanding debts" was ever made before my attempt to stop the relocation was started in late 2000. Our oral contract on repayment of debts is in force, I argued, and should continue as such. I also argued that she did not produce the required material and records necessary to modify the child support.
I'll let you know when I hear.
