Under Thai law, both parents are legally obligated to provide financial support for their children until they reach the age of 20. These payments should cover expenses like food, shelter, medicine and education.
Single mothers can request child maintenance from their child’s father, who must acknowledge his paternity through the legitimation process at a district office. Child support is normally settled as part of a divorce settlement.
Child Legitimation
Child support Thailand is a crucial aspect of family law, balancing the financial responsibilities between parents and safeguarding children’s best interests. This guide explores the intricacies of child support laws and practices in Thailand, examining their legal framework and procedures as well as implications for parents and children alike.
Biological fathers in Thailand have no obligation to provide financial support for their children unless they go through a process called legitimation. This can be achieved by making a declaration at a district office. Generally, the mother and child will be notified of the application; and if they do not express their consent within sixty days (or one hundred and eighty days if they are outside of Thailand) then it will be assumed that they do not give consent to the father.
Once the father has established legitimacy, he can take on custodial rights and even claim inheritance rights. He will also be entitled to use the child’s surname, a matter of significant importance in Thai culture.
Once child legitimacy has been settled, the next step is to determine how much maintenance should be paid. The amount will be based on the financial capacity of both parents, taking into account their income, assets and expenses. The court may also impose additional costs such as legal fees and any costs associated with enforcing the order. Parents can also request alterations to maintenance expenses later on in light of changes to their financial circumstances.
Child Maintenance Agreements
Under Thai law, both parents are legally obligated to provide financial support for their children until they reach legal age. This is irrespective of whether the parents are married, in a domestic partnership, or unmarried.
The amount of child maintenance required is based on a formula that takes into consideration the relative incomes and expenses of each parent as well as the specific needs of the child. It is also designed to preserve the standard of living of the child as close as possible to what they would have enjoyed if the parents had remained together.
Whether through court orders or mutual agreement, the best way to ensure the stability and success of child support arrangements is for both parties to come up with a formal written agreement that details the amounts, methods of payment, and any additional expenses covered (such as education and healthcare). The written agreement should be notarized for better enforceability.
A foreign national who is unsure of their parental rights or has been unable to resolve child maintenance issues with their ex-partner should consult a qualified family lawyer in Thailand. Victory InterLaw can help to negotiate, draft, and finalize child maintenance agreements that are fair and equitable for all parties. Our team of experienced legal advisors is committed to ensuring that the best interests of the child are always protected.
Bulk Payments
While not as well-known as child support in some Western countries, Thailand’s law provides a vital mechanism to balance parents’ financial responsibilities and ensure children’s financial security. Understanding the legal framework, factors considered in determining the amount, and available enforcement mechanisms empowers parents to fulfill their obligations and advocate for their children’s best interests.
Thai law mandates that both parents, regardless of marital status, financially support their children until they reach the age of 20 or become self-sufficient. In deciding on a child support schedule, the court will consider several factors including relative incomes, expenses and assets, and the overall financial standing of both parties. In addition, the law provides a framework for unmarried biological fathers to demand child support from their children by filing a legitimation case at the family court.
It is also possible for expats to agree on child support arrangements in a written agreement that will be legally enforceable once registered at the local district office. However, a disagreement between the parties could arise over the amount of payments or method of delivery. In these cases, the court will decide on a fair amount taking into account the child’s needs and the paying party’s financial capacity.
Non-payment of child support may result in criminal penalties, including imprisonment. To avoid these consequences, it is crucial to seek professional guidance from a lawyer who specializes in Thai family law.
Divorce
Under Thai family law parents are obligated to financially support their children until they reach legal age or complete their education, whichever happens first. This obligation can be settled by mutual agreement or through a court order and should cover expenses like food, shelter, medicine, and education costs. The money should not be used for either parent’s own benefit.
The process of settling child support is lengthy and complicated, but it is possible to avoid unnecessary conflict by working with an experienced attorney. Family lawyers can provide guidance and represent parents in negotiations or mediation sessions, which can reduce stress and conflict and lead to an agreement both parties are happy with.
If mediation fails, a petition can be filed with the family court, detailing the child’s needs and both parents’ financial capacities. The judge will then examine the case and decide on a suitable amount.
It is advisable for both parents to maintain records of their respective incomes and expenses to help settle child support issues. These records can be useful in establishing a fair and reasonable support agreement and can also be helpful when making alterations to an existing agreement.
Foreigners can include a provision for child support in their divorce agreements, but they should make sure this arrangement is legally binding by having it reviewed and certified by a Thailand lawyer. If the noncustodial parent refuses to pay, a lawsuit can be pursued to enforce a court-ordered payment.