Child Support in Thailand. Under Thai law, both biological and adoptive parents are legally bound to provide financial support for their children until they reach the age of majority, which is 20 in Thailand. This obligation ensures that children have the resources they need to grow and thrive, regardless of their parents’ marital status.
The Right to Support
Thai family law prioritizes a child’s well-being. Both biological and adoptive parents are legally obligated to provide financial support for their children’s needs, encompassing essentials like food, shelter, clothing, education, and healthcare. This obligation extends beyond basic necessities and can also include expenses related to extracurricular activities, hobbies, and any special needs the child may have.
Determining Child Support Amounts
The amount of child support is not pre-defined by law. The court considers several factors when determining a fair amount, including:
- The needs of the child: This includes the child’s age, standard of living enjoyed prior to separation (if applicable), and any special needs, such as medical conditions or disabilities, that require additional financial resources.
- The financial ability of each parent: Their income, assets, and liabilities are taken into account. The court will look at salaries, bonuses, investment income, and any other sources of income each parent has. They will also consider debts, such as mortgages or student loans, that may impact a parent’s ability to pay child support.
- The child’s living arrangements: If there’s joint custody, the court may consider each parent’s contribution to daily expenses, housing costs, and childcare arrangements. The amount of time the child spends with each parent may also be a factor.
Reaching an Agreement
Ideally, parents can reach an amicable agreement on child support outside of court. This agreement should be a written document outlining the amount of child support, the payment schedule (frequency and method of payment), and the duration of support. Consulting a lawyer is recommended to ensure the agreement is legally sound and protects both parties’ interests. An attorney can also help draft the agreement in a way that is clear, concise, and enforceable.
Court-Ordered Support
If parents cannot agree on child support, either parent can file a petition with the court. The court will consider the factors mentioned above and issue a binding order outlining the child support amount, payment method (direct payments, bank transfers, or withholding from wages), and duration.
Unmarried Parents and Child Support
For children born outside of marriage, the biological father is not automatically obligated to pay child support. However, the mother can initiate legal proceedings to establish paternity and seek child support. Thai law allows for blood testing to determine paternity. Once paternity is established, the court can then determine a fair amount of child support based on the factors mentioned previously.
Here are some additional points to consider:
- Child support payments in Thailand are typically made in regular installments, usually monthly. The court may order payments to be automatically deducted from the paying parent’s salary and deposited into an account for the child’s benefit.
- The court can order support payments to be retroactive to the date the child’s needs arose. This means that the parent ordered to pay support will be responsible for reimbursing the custodial parent for any child-related expenses they covered during the period before the court order was issued.
- In some cases, the court may order child support to be paid for educational or vocational training beyond the age of 20. This may be granted if the child is enrolled in a higher education program or pursuing a vocational training course that will equip them with the skills they need to become self-supporting.
Seeking Legal Guidance
Child support matters can be complex, especially in situations involving disagreements or unmarried parents. Consulting a lawyer experienced in Thai family law is vital. They can advise you on your rights and obligations under Thai law, guide you through the legal process of establishing paternity or obtaining a court-ordered child support agreement, and help you reach a fair and enforceable agreement that meets the needs of your child.
