Child Support in Thailand. When parents in Thailand separate or divorce, the financial well-being of their children remains a priority. Child support laws ensure both parents contribute to raising the child until they reach adulthood. Here's an overview of child support in Thailand:
Parental Responsibility:
Thai family law mandates that both biological or adoptive parents are financially responsible for their children until they reach the legal age of 20. This obligation applies regardless of marital status.
Reaching an Agreement:
The preferred approach is for parents to reach a written agreement on child support. This agreement should specify the amount of support, payment frequency, and any additional expenses covered (education, healthcare).
Court-Ordered Support:
If parents cannot agree, the court will determine the child support amount. The court considers two main factors:
- Child's Needs: This includes essential expenses like food, shelter, clothing, education, and healthcare.
- Parents' Financial Ability: The court assesses each parent's income and earning potential to determine a fair contribution.
Legitimizing Fatherhood:
For children born outside of marriage, the biological father is not legally obligated to pay child support unless he acknowledges paternity through:
- Marriage to the mother after the child's birth.
- Registration of legitimation at a local district office.
- A court judgment establishing paternity.
Enforcement of Child Support:
If a parent fails to comply with a court order, the custodial parent can take legal action to enforce it. This may involve:
- Wage garnishment: The court orders the employer to withhold a portion of the parent's salary for child support.
- Asset seizure: The court may order the seizure and sale of the non-compliant parent's assets to cover child support payments.
- International cooperation: In cases where the non-custodial parent resides abroad, Thai courts may work with foreign courts to enforce child support orders.
Important Considerations:
- Child support payments are typically made in periodical installments, usually monthly.
- Support payments can be directly deposited into the custodial parent's bank account unless the child is 15 years old (the minimum age to have a bank account in Thailand).
- There's a 5-year statute of limitations for filing a child support claim for a minor child.
Seeking Legal Guidance:
Child support issues can be complex. Consulting with a lawyer experienced in Thai family law is recommended. They can advise you on your rights and obligations, help draft agreements, and represent you in court if necessary.
By understanding child support laws in Thailand, parents can ensure their children receive the financial support they need to thrive.