Under Thai law, both parents are obligated to provide financial child support. This can be settled through mutual agreement or by court order and is aimed at covering expenses such as food, shelter and education.
It also reduces social inequality by balancing parental responsibilities and making sure that children have access to essential resources after separation or divorce. Victory Interlaw can help you establish an affordable and sustainable arrangement.
Legitimation
While Thai law stipulates that a child is exclusively the mother’s offspring, biological fathers can establish paternal ties and gain custody rights through a process known as legitimation. This allows children to legally recognize their fathers, and can reduce the societal stigma associated with illegitimacy, while also providing financial security for them. This can be done through a marriage, a voluntary acknowledgment or registration at the district office (Amphur).
While child support is commonly addressed alongside the legitimation of a child, it can be settled by mutual agreement or court order and should be used to cover expenses such as food, shelter, clothing, medicine and education. However, it cannot be used for a parent’s own benefit.
As the calculation of child support in Thailand is complex, it is important to consult a professional to ensure that the amount is fair and reflects both parties’ respective abilities. Victory InterLaw has extensive experience in securing affordable and sustainable arrangements that are consistent with the best interests of the child. This includes a thorough understanding of the legal framework, rigorous enforcement procedures and a strong commitment to assisting parents in securing long-term arrangements. Our attorneys can help determine the appropriate amount, set a periodic schedule and enforce these arrangements through wage garnishment, asset seizure and criminal penalties for non-compliance. To learn more about child support in Thailand, please contact our team of family lawyers.
Establishment
Under Thai family law, both parents are obligated to financially support or maintain their children until they reach legal age. This can be settled through a written agreement or court order and should cover expenses such as food, shelter, clothing, medicine, and education. The money cannot be used for the custodial parent’s personal benefit. In deciding on child maintenance, the court will consider relative incomes, expenses, and the previous standard of living.
Unmarried fathers in Thailand are not legally obligated to pay child support unless paternity is established through legitimation, which requires registration at the district office and documentation proving a relationship. In the case of foreign fathers, it is advisable to request a DNA test before acknowledging paternity or agreeing to payments. This is because false claims used to extort money may be classified as attempted fraud under Section 337 (extortion) or Sections 341-344 (fraud) of the Thai Penal Code.
A knowledgeable Thai family lawyer can provide legal advice and assistance on issues of alimony, child custody, and legitimation. Victory InterLaw advocates for ensuring that children receive proper support in all circumstances and is committed to helping parents secure affordable, sustainable arrangements. We can also assist with effective enforcement measures, including wage garnishment and asset seizure. In cases of non-compliance, we can file a petition for contempt of court.
Enforcement
When parents separate or divorce in Thailand, child support is often an issue. Under Thai family law, both parents are bound to financially support their children until they reach legal age. This can be settled through mutual agreement or by court order, and is intended to cover expenses such as food, shelter, clothing, medicine and education. However, it cannot be used for the parent’s personal benefit.
In determining the amount of child support, the court will take into account the relative incomes of the parties, their assets and expenses, and the specific needs of each case. In addition, the court may authorize wage garnishment and asset seizure to ensure that the ordered amount is paid. In cases of non-payment, the court may issue a contempt of court order or impose criminal penalties.
It is important to seek the advice of a qualified Thai family lawyer when addressing child support issues. A knowledgeable attorney can assist with the calculation of an appropriate amount, and can help ensure that the parties’ respective capabilities are properly reflected. Furthermore, a lawyer can provide guidance on effective enforcement measures, including wage garnishment, asset seizure and criminal penalties for non-payment. Victory InterLaw advocates for ensuring that children receive proper support under all circumstances and is committed to helping parents secure affordable and sustainable arrangements.
Modification
Under Thai law, parents are obligated to provide financial support for their children until they reach legal age. The amount of child support is settled either through mutual agreement or court order, and should cover food, shelter, clothing, medicine and education costs. The money cannot be used for parental personal benefit. Parents who refuse to pay their child support can face various enforcement measures, including asset seizure, wage garnishment and international enforcement through treaties.
In deciding the amount of child support, the court considers each parent’s financial capacity, the child’s expenses and the paying parent’s previous standard of living. The court may also take into account any prior settlements between the parties.
While the court has the authority to modify family law rulings, it is important that a proper procedure is followed in order to avoid contradictory rulings from different judicial levels. Moreover, the Supreme Court must review all family court judgments to ensure that they comply with the national and international legal standards.
While a foreign parent’s child support ruling may be recognized in Thailand, the process of getting this recognition can be complicated. It is therefore recommended that foreigners who are in this situation seek legal advice and assistance from a professional in order to avoid misunderstandings and possible problems with the law. Moreover, it is important to note that false claims of paternity may be considered extortion or fraud under the Thai Penal Code, Sections 337 and 341-344, respectively.
