Child Support in Thailand
Child Support is an important aspect of Thai family law. It ensures that children receive financial support from both parents, especially during the critical early years of their development.
Unmarried biological fathers in Thailand are legally obligated to pay child support, unless they legitimize the child with documents filed at a district office. Couples may also decide on child support arrangements as part of their divorce agreement.
Legal Obligations
In Thailand, parents are obligated to provide for their children’s needs until they reach legal age. The amount of child support should be determined by mutual agreement or by a court order. The amount should be reasonable and should cover the child’s expenses, including food and shelter. The money should not be used for the custodial parent’s personal benefit.
Parents can include a settlement regarding child support in their divorce agreement. The agreement should be submitted to a district office to become legally enforceable. For foreigners who have a relationship which may not be deemed marriage under Thai law, it is best to consult with a lawyer regarding the issue of child support.
While attitudes toward family structure are evolving, there are still societal expectations for parental contributions to children’s upbringing. A knowledgeable family lawyer can help you understand your legal options and navigate Thailand’s complex child support laws. They can also assist you in reaching a fair and equitable arrangement.
Calculation
In the case of disputed child support, a court will consider the relative incomes of both parties as well as expenses and assets. This is an essential step in establishing a reasonable amount to be paid for the benefit of children.
The financial security of children is an important consideration when couples separate or divorce, especially if one parent is residing abroad. Ensuring that children are adequately supported requires a strong commitment to the legal framework, proactive strategies for communication and collaboration, and expert guidance when needed.
For instance, UNICEF worked closely with the Government of Thailand to design a child support grant that is based on actual food costs for small children. This is a great example of the kind of policy advocacy that is necessary to secure equitable, sustainable, and cost-effective support arrangements. In addition, ensuring that enforcement measures are in place to address cases of non-compliance is crucial. This can be achieved through wage garnishment, property seizure, and even suspension of driving and other licenses where appropriate.
Enforcement
Under Thai family law, parents are obligated to provide financial support for their children until they reach legal age. This can be settled through a mutual agreement or by court order and should cover basic expenses such as food, shelter, clothing, medicine and education. The money cannot be used for the parent’s personal benefit.
In deciding a case of disputed child maintenance, the court will consider relative incomes of the parties and the expenses of the children. It will also take into account the ability of the party to pay, and other relevant circumstances.
When a custodial spouse is not receiving adequate child support, they can file a complaint at the local district office or work with a private agency to help identify and collect owed payments. If the non-custodial parent fails to make payments, the custodial spouse can apply to the Department of Legal Execution for enforcement action.
Modification
Under Thai family law, parents are obligated to financially support their children until they reach legal age. The issue of child support can be settled through a written agreement or by a court order. Money collected for child support must cover the child’s expenses, including food, shelter, clothing, medicines, and education. However, it is not allowed to be used for the custodial parent’s personal benefits.
If you are going through a divorce, it is best to seek professional advice on the issues regarding child custody, legitimation and child support. An experienced lawyer can assist you in drafting formal and enforceable child support agreements. They can also help you obtain proper enforcement measures in case of non-compliance.
In cases where one parent lives in Thailand while the other resides abroad, effective cross-border enforcement may pose challenges. However, it is possible to overcome these obstacles by ensuring that relative incomes and other pertinent data are correctly reported.