(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
(Text of Section from P.A. 103-22)
Sec. 6-9. Enforcement of liability of parents and others.
(1) If parentage is at issue in any proceeding under this Act, other than cases involving those exceptions to the definition of parent set out in item (11) in Section 1-3, then the
Illinois Parentage Act of 2015 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 the minor's 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 5-740, a reasonable sum from time to time for the care,
support and necessary special care or treatment, of the minor.
If the court
determines 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 help defray the costs associated with the minor's detention in a
county or regional detention center, the court shall enter an order requiring
that parent or other person to pay the clerk of the court a reasonable sum for
the care and support 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.
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.
If it appears at the detention or shelter care hearing of a minor before
the court under Section 5-501 that a parent or any other person
liable for
support of the minor is able to contribute to the minor's support, that parent
or other person shall be required to pay a fee for room and board at a rate not
to exceed $10 per day established, with the concurrence of the chief judge of
the judicial circuit, by the county board of the county in which the minor is
detained unless the court determines that it is in the best interest and
welfare of the minor to waive the fee. The concurrence of the chief judge
shall be in the form of an administrative order. Each week, on a day
designated by the clerk of the circuit court, that parent or other person shall
pay the clerk for the minor's room and board. All fees for room and board
collected by the circuit court clerk shall be disbursed into the separate
county fund under Section 6-7.
Upon application, the court shall waive liability for support or legal fees
under this Section if the parent or other person establishes that the parent or other person 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 the person's 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 the person to
make the support payments for which the person is liable under this Act out of the person's
wages, salary or commission and to assign so much thereof as will pay the
support. The court may also order the person to make discovery to the court as to the person's
place of employment and the amounts earned by the person. Upon the person's failure to
obey the orders of court the person 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 the parent's wages, salary or commission be made directly to (a) the
Department of Healthcare and Family Services 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 the minor is a recipient under
Articles VI or VII of the Code. The order shall permit the
Department of Healthcare and Family Services, 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
Department of Healthcare and Family Services, 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
Department of Healthcare and Family Services, 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. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 6-9. Enforcement of liability of parents and others.
(1) If parentage is at issue in any proceeding under this Act, other than cases involving those exceptions to the definition of parent set out in item (11) in Section 1-3, then the
Illinois Parentage Act of 2015 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 Section 2-27, a reasonable sum from time to time for the care,
support, and necessary special care or treatment of the minor.
If the court
determines 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 help defray the costs associated with the minor's detention in a
county or regional detention center, the court shall enter an order requiring
that parent or other person to pay the clerk of the court a reasonable sum for
the care and support 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.
Costs associated with detention, legal representation, or other services or programs under Article III, IV, or V of this Act shall not be ordered or imposed on a parent, guardian, or legal custodian liable under the law for the support of a minor.
(2) (Blank).
(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
Department of Healthcare and Family Services 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
Department of Healthcare and Family Services, 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
Department of Healthcare and Family Services, 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
Department of Healthcare and Family Services, 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. 103-379, eff. 7-28-23.)
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