Section 6341 Of Article 2. Orders Issuable After Notice And Hearing From California Family Law Code >> Division 10. >> Part 4. >> Chapter 2. >> Article 2.
6341
. (a) If the parties are married to each other and no other
child support order exists or if there is a presumption under Section
7611 that the respondent is the natural father of a minor child and
the child is in the custody of the petitioner, after notice and a
hearing, the court may, if requested by the petitioner, order a party
to pay an amount necessary for the support and maintenance of the
child if the order would otherwise be authorized in an action brought
pursuant to Division 9 (commencing with Section 3500) or the Uniform
Parentage Act (Part 3 (commencing with Section 7600) of Division
12). When determining whether to make any orders under this
subdivision, the court shall consider whether failure to make any of
these orders may jeopardize the safety of the petitioner and the
children for whom child support is requested, including safety
concerns related to the financial needs of the petitioner and the
children. The Judicial Council shall provide notice of this provision
on any Judicial Council forms related to this subdivision.
(b) An order issued pursuant to subdivision (a) of this section
shall be without prejudice in an action brought pursuant to the
Uniform Parentage Act (Part 3 (commencing with Section 7600) of
Division 12).
(c) If the parties are married to each other and no spousal
support order exists, after notice and a hearing, the court may order
the respondent to pay spousal support in an amount, if any, that
would otherwise be authorized in an action pursuant to Part 1
(commencing with Section 3500) or Part 3 (commencing with Section
4300) of Division 9. When determining whether to make any orders
under this subdivision, the court shall consider whether failure to
make any of these orders may jeopardize the safety of the petitioner,
including safety concerns related to the financial needs of the
petitioner. The Judicial Council shall provide notice of this
provision on any Judicial Council forms related to this subdivision.
(d) An order issued pursuant to subdivision (c) shall be without
prejudice in a proceeding for dissolution of marriage, nullity of
marriage, or legal separation of the parties.