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Cal. Fam. Code § 6341 : CALIFORNIA FAMILY CODE — PREVENTION OF DOMESTIC VIOLENCE — PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS — ISSUANCE OF ORDERS — ORDERS ISSUABLE AFTER NOTICE AND HEARING — Support and maintenance of child
(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.
Ca. Fam. Code § 6341
Amended by Stats 2005 ch 22 (SB 1108),s 63, eff. 1/1/2006
Amended by Stats 2004 ch 472 (AB 2148),s 5, eff. 1/1/2005
Amended by Stats 2005 ch Chapter 472 (AB 2148), s 5, eff. 1/1/2005.
Amended October 10, 1999 (Bill Number: AB 1671) (Chapter 980).
