If a marriage is not working, disputes over children are to be expected especially if it comes down to divorce.
The break up of an unmarried couple with children may be further complicated by illegitimacy issues.
Disputes are common over who will have child custody, who will pay child support, and what are each parent’s responsibilities in the shared child-raising.
TSL & Associates are experts in solving Thai child custody and child support issues.
- Under Thai Family Law, both parents must give financial support or maintain their children until they are 20 years old. Generally, in Thailand child support issues can be decided in a written agreement or by court order.
- Child support money must only be used for the child (e.g food, shelter, clothing, medical, and education expenses) and not to for the custodial parent’s personal use.
CHILD SUPPORT BY COURT ORDER
For Divorcing Parents – During a divorce where child support is disputed, the court may order the noncustodial parent to pay the custodial parent an amount of financial support.
If both parents have joint custody or shared child-raising responsibilities, child support may ordered to be paid by one parent to another.
The court will decide how much child support should be paid based on the situation of the child and the financial ability of the parent obligated to pay for the support.
For an Illegitimate Child – If a child is born out of marriage, the biological father of the child is not bound by law to pay financial support.
However, if the child has been legitimized in Thailand the court may decide issues concerning legitimization, child custody, and child support in the same case.
CHILD SUPPORT BY MUTUAL CONSENT
For Divorcing Parents – Child support can be decided as part of a divorce agreement, including the amount to be paid and the method of payment.
In order to be valid, such an agreement must be signed in the presence of two witnesses, and registered with the district office at the time of registering the divorce.
If the noncustodial parent fails to pay child support as agreed, the custodial parent is entitled to file a petition to the court for the enforcement.
For an Illegitimate Child – If a child is born out of marriage, the biological father of the child is not bound by law to pay financial support.
However, the father is not barred from signing an agreement with the mother of the child regarding on child support payment, and such an agreement is enforceable if it has been registered with the district office.
NOTES:
- Choosing a Thai law firm specialising in international law to assist you with your Thai Child Support issues will ensure that the judge’s decision is recognised internationally and avoid having legal difficulties in the future.
- If you would like assistance with with your Thai Child Support dispute, please consult TSL.