Child Support Law
Under Thai family law, both parents are bound to financially support or maintain their children until they reach the legal age (20 years old). When children live with both parents, there is rarely an issue concerning the child support. However, the child support in Thailand issue can arise when the parents are separated or divorcing, and when the child is born outside marriage. Generally, child support in Thailand along with child custody in Thailand issue can be decided in written agreement or by the court order.
The Use of Child Support Payments
Child support money should be used for the child's expenses, including food, shelter, clothing, medical expenses, and educational needs but not to be spent for the custodial parent’s own benefits.
Child Support by Court Order
Child Support for Divorcing Parents
When parents are divorcing and the child support issue cannot be settled by the agreement, the court often orders the noncustodial parent to pay the custodial parent an amount set as financial support. Likewise, child support may be also ordered to be paid by one parent to another when both parents have joint custody or shared the child-raising responsibilities. Basically, the court will decide the amount of child support by taking account of the condition of the child and the financial ability of the parent obligated to pay for the support.
Child Support for Illegitimate Child
When a child is born out of marriage, the biological father of the child is not bound by law to pay for the financial support unless the legitimation of the child in Thailand issue is brought to the court; then the court will decide such issues concerning legitimation, child custody, and child support in the same case.
Child Support by Mutual Consent
Child Support for Divorcing Parents
The issue of child support can be decided by parents in the divorce agreement. The amount of child support and the method of payment may be set according to the agreement of the parents. Once the divorce agreement containing the child custody and the child support settlement is signed in the presence of the two witnesses, the agreement needs to be registered with the district office at the time of registering the divorce for the validation. If the noncustodial parent fails to pay the child support as agreed, the custodial is entitled to file a petition to the court for the enforcement.
Child Support for Illegitimate Child
In general, the biological father of the child is not obligated to pay for the child support. However, the father is not barred to enter into an agreement on child support payment with the mother of the child, and such agreement is enforceable once it is registered with the district office.
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