This is a fundamental introduction to child support in Thailand.
Thai family law prescribes that both parents must financially support their children (biological or adopted) until the age of 20. While this is rarely an issue in whole families, the situation can be more problematic with divorcing or separated couples.
Let’s see how child support is determined in Thailand.
What is child support used for?
Child support represents the money provided by one of the parents (either by mutual agreement or court order) that is used for the child’s expenses, including food, shelter, medical expenses, clothing, and education.
Child support money should not be used for the parent’s own benefit.
Child support by court order
When couples divorce, the child usually stays with one parent while the other parent pays the child support. However, deciding who gets the custody may not always be straightforward and that is when the court steps in.
Child support for divorcing parents
The court often orders the noncustodial parent to pay child support to the custodial parent. In the case where both parents have joint custody, the court may order one parent to pay the child support the other parent.
The court will decide on the amount of child support by determining the child’s condition and the parent’s financial ability.
What to consider regarding child support?
Certain factors are taken into consideration before deciding on the amount to be paid for child support. The following conditions are to be considered regarding the amount of child support:
- The child’s age – the younger the child is, the longer the child support will have to be paid
- The child’s health – children with health conditions require more financial support
- The child’s lifestyle – children should not experience a drastic change in their lifestyle as it may result in psychological trauma
Factors to determine which parent should pay child support
The following factors determine which parent is qualified to pay child support:
- Age
- Capability to make a living (education and work experience)
- Health
- Present financial capacity
- Other issues concerning past and future financial aspects, such as loans
Child support for an illegitimate child
If the child is born outside of marriage, the father of the child is not bound by law to pay for the child support.
However, if the issue of the legitimation of the child is brought to court, the court will determine the legitimation of the child, child custody and child support.
Child support by mutual consent
Child support for divorcing parents
Parents resolve the custody and support issues in a divorce agreement by specifying all details regarding the custody and support, including the amount and payment method.
The divorce agreement needs to be signed by both parents in the presence of two witnesses and registered with the district office at the time of registering the divorce for validation.
If the noncustodial parent fails to pay child support as agreed in the divorce agreement, the custodial parent can file a petition in court for the enforcement.
Child support for an illegitimate child
The biological father of an illegitimate child can likewise enter into an agreement with his spouse even though he is not obliged to do so. Once entered, the agreement is similarly enforceable by law and must be followed at all times.
Conclusion
If you need professional legal advice on child support or the divorce agreement, Acclime has a team of lawyers who are willing to help.
Change location 