the spouse didn't file income and expense declaration (FL-150) or produce any financial information (i.e tax return, pay stubs, etc..) to estimate income. Discovery was propounded on the spouse but responses are due after the hearing on RFO for spousal support. Can the judge grant the RFO for spousal support on the day of hearing but decide the amount of support after discovery responses are received?
Judges have broad discretion on nearly all aspects of family law matters, however, it would be very unusual for a Judge to grant a request for spousal support without the necessary financial data to support the ruling. Keep in mind that even though discovery responses are due after the hearing date, your spouse should include the financial data with his / her Opposition to the RFO. If there is some legitimate reason your spouse may not be able to have that data ready in time, it will save you time (and attorney fees if you are using an attorney) to simply agree with your spouse to continue the hearing until a date after the discovery responses are due. Then, when you appear in court you should be able to have the issue resolved. If the judge awards spousal support at the hearing, it will be retroactive to the date you filed the RFO.
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