Public Act 90-0483 of the 90th General Assembly
Public Act 90-0483
SB341 Enrolled LRB9002785SMdv
AN ACT to amend the Juvenile Court Act of 1987 by
changing Section 6-9.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 6-9 as follows:
(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
(Text of Section before amendment by P.A. 89-507)
Sec. 6-9. Enforcement of liability of parents and
others.
(1) If parentage is at issue in any proceeding under
this Act, the Illinois Parentage Act of 1984 shall apply and
the court shall enter orders consistent with that Act. If it
appears at any hearing that a parent or any other person
named in the petition, liable under the law for the support
of the minor, is able to contribute to his or her support,
the court shall enter an order requiring that parent or other
person to pay the clerk of the court, or to the guardian or
custodian appointed under Sections 2-27, 3-28, 4-25 or 5-29,
a reasonable sum from time to time for the care, support and
necessary special care or treatment, of the minor. The court
may require reasonable security for the payments. Upon
failure to pay, the court may enforce obedience to the order
by a proceeding as for contempt of court. On application and
with the notice as it may direct, the court may alter the
payment or may compromise or waive arrearages in such a
manner as appears reasonable and proper.
If it appears that the person liable for the support of
the minor is able to contribute to legal fees for
representation of the minor, the court shall enter an order
requiring that person to pay a reasonable sum for the
representation, to the attorney providing the representation
or to the clerk of the court for deposit in the appropriate
account or fund. The sum may be paid as the court directs,
and the payment thereof secured and enforced as provided in
this Section for support.
Upon application, the court shall waive liability for
support or legal fees under this Section if the parent or
other person establishes that he or she is indigent and
unable to pay the incurred liability, and the court may
reduce or waive liability if the parent or other person
establishes circumstances showing that full payment of
support or legal fees would result in financial hardship to
the person or his or her family.
(2) When a person so ordered to pay for the care and
support of a minor is employed for wages, salary or
commission, the court may order him to make the support
payments for which he is liable under this Act out of his
wages, salary or commission and to assign so much thereof as
will pay the support. The court may also order him to make
discovery to the court as to his place of employment and the
amounts earned by him. Upon his failure to obey the orders of
court he may be punished as for contempt of court.
(3) If the minor is a recipient of public aid under the
Illinois Public Aid Code, the court shall order that payments
made by a parent or through assignment of his wages, salary
or commission be made directly to (a) the Illinois Department
of Public Aid if the minor is a recipient of aid under
Articles IV or V of the Code, or (b) the local governmental
unit responsible for the support of the minor if he is a
recipient under Articles VI or VII of the Code. The order
shall permit the Illinois Department of Public Aid or the
local governmental unit, as the case may be, to direct that
subsequent payments be made directly to the guardian or
custodian of the minor, or to some other person or agency in
the minor's behalf, upon removal of the minor from the public
aid rolls; and upon such direction and removal of the minor
from the public aid rolls, the Illinois Department or local
governmental unit, as the case requires, shall give written
notice of such action to the court. Payments received by the
Illinois Department of Public Aid or local governmental unit
are to be covered, respectively, into the General Revenue
Fund of the State Treasury or General Assistance Fund of the
governmental unit, as provided in Section 10-19 of the Public
Aid Code.
(Source: P.A. 87-759.)
(Text of Section after amendment by P.A. 89-507)
Sec. 6-9. Enforcement of liability of parents and
others.
(1) If parentage is at issue in any proceeding under
this Act, the Illinois Parentage Act of 1984 shall apply and
the court shall enter orders consistent with that Act. If it
appears at any hearing that a parent or any other person
named in the petition, liable under the law for the support
of the minor, is able to contribute to his or her support,
the court shall enter an order requiring that parent or other
person to pay the clerk of the court, or to the guardian or
custodian appointed under Sections 2-27, 3-28, 4-25 or 5-29,
a reasonable sum from time to time for the care, support and
necessary special care or treatment, of the minor. The court
may require reasonable security for the payments. Upon
failure to pay, the court may enforce obedience to the order
by a proceeding as for contempt of court. On application and
with the notice as it may direct, the court may alter the
payment or may compromise or waive arrearages in such a
manner as appears reasonable and proper.
If it appears that the person liable for the support of
the minor is able to contribute to legal fees for
representation of the minor, the court shall enter an order
requiring that person to pay a reasonable sum for the
representation, to the attorney providing the representation
or to the clerk of the court for deposit in the appropriate
account or fund. The sum may be paid as the court directs,
and the payment thereof secured and enforced as provided in
this Section for support.
Upon application, the court shall waive liability for
support or legal fees under this Section if the parent or
other person establishes that he or she is indigent and
unable to pay the incurred liability, and the court may
reduce or waive liability if the parent or other person
establishes circumstances showing that full payment of
support or legal fees would result in financial hardship to
the person or his or her family.
(2) When a person so ordered to pay for the care and
support of a minor is employed for wages, salary or
commission, the court may order him to make the support
payments for which he is liable under this Act out of his
wages, salary or commission and to assign so much thereof as
will pay the support. The court may also order him to make
discovery to the court as to his place of employment and the
amounts earned by him. Upon his failure to obey the orders of
court he may be punished as for contempt of court.
(3) If the minor is a recipient of public aid under the
Illinois Public Aid Code, the court shall order that payments
made by a parent or through assignment of his wages, salary
or commission be made directly to (a) the Illinois Department
of Public Aid if the minor is a recipient of aid under
Article V of the Code, (b) the Department of Human Services
if the minor is a recipient of aid under Article IV of the
Code, or (c) the local governmental unit responsible for the
support of the minor if he is a recipient under Articles VI
or VII of the Code. The order shall permit the Illinois
Department of Public Aid, the Department of Human Services,
or the local governmental unit, as the case may be, to direct
that subsequent payments be made directly to the guardian or
custodian of the minor, or to some other person or agency in
the minor's behalf, upon removal of the minor from the public
aid rolls; and upon such direction and removal of the minor
from the public aid rolls, the Illinois Department of Public
Aid, Department of Human Services, or local governmental
unit, as the case requires, shall give written notice of such
action to the court. Payments received by the Illinois
Department of Public Aid, Department of Human Services, or
local governmental unit are to be covered, respectively, into
the General Revenue Fund of the State Treasury or General
Assistance Fund of the governmental unit, as provided in
Section 10-19 of the Illinois Public Aid Code.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.