Child Support

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child support

What is a Child Support?

Child Support is a payment usually made by a non-custodial divorced parent as a legal obligation to support to the financial care and costs of raising his or her minor child or children.  A written agreement or a court order can settle the child support issues.

 

What is a Child Support Agreement?

A Child Support Agreement is a written agreement between parents setting out the amount of child support. This is to help with the financial costs of raising their child/children after separation. The support shall cover the child’s expenses such as food, shelter, clothing, education, health costs and other extra-curricular costs for the benefit of the child.  The agreement can include provisions about the method of payment of child support.  Support shall be given in periodical payments, unless the parties agree to settle in other manners.

 

How to determine the amount of child support?

The amount of child support and up to what extent shall be according to the Court’s decision. The court will consider the non-custodial divorced parent’s ability to give the support, the condition in life of the child and the circumstances of the case.

 

My ex-spouse has remarried and has another family to support.  How does this affect the amount of support owed to our child?

If there are changes in circumstances or in the means or condition in life of the parties, they may request as follows:

  1. In the case of mutual consent of divorce, both parties can request to amend the contribution attached to Divorce Certificate at the District Office.
  2. In case of divorce by judgment of the court, the court may make alterations on the support by cancelling, reducing, increasing or re-establishing the amount of support when any interested person can show that there are changes in circumstances or in the means or condition in life of the parties.

 

Do i need to pay child support if I am not allowed to visit my child?

Parents are bound to support their children during their minority, until they are capable of earning their own living.  Therefore, the non-custodial parent cannot use such excuse for denying support for their child/children.

 

When do I stop paying child support?

Parents are bound to support their children during their minority. It is parents’ obligation to give them proper education, to look after them when they are in poor health and support them until they are capable of earning their own living.

 

What can single mothers do to demand child support from the father?

In Thailand, a child born out-of-wedlock is the legitimate child of the birth mother. The law does not consider the biological father as the legitimate father. Therefore, he shall have no legal rights over the child and he is not bound by law to pay child support. He will have the obligation to pay support after he acknowledges being the father, through child legitimization process.

You can legitimate a father’s rights to a child through the following:

– If there is a later marriage between the father and the mother;

– If the father registered the legitimation at the local district office or Amphur; or

– If there is a judgment by the court.