Child Support Payments in Thailand

In Thailand, both parents must financially support their children until they turn 20. If the parents are separated, in the process of divorcing, or if the child is born outside of marriage, child support payments and custody arrangements can be settled through a written agreement or a court order.?

This article will guide you through managing child support payments in Thailand, providing the information you need to handle this process smoothly and achieve your desired outcome.

What is the Difference Between Child Support by Court Order and Mutual Consent?

In Thailand, you can set up child support either through a court order or mutual consent with your (ex)partner. Knowing the differences between these two methods can help you choose the best path for your situation.

What is Child Support by Court Order?

When you and your partner are divorcing in Thailand and can't agree on child support, the court often orders the noncustodial parent to pay the custodial parent a set amount. Under Thai law, the custodial parent is the one with primary physical and legal custody of the child, meaning they are responsible for the child's daily care and decision-making. The noncustodial parent does not have primary custody and typically has visitation rights and the obligation to provide financial support.

Similarly, you might be ordered to pay child support even if you share custody or child-raising responsibilities. The court will decide the amount by considering your child's needs and your financial ability to pay.

When a child is born out of marriage, the biological father isn't legally required to provide financial support, nor is he entitled to custody unless the issue of child legitimation is brought to court. The court will then address legitimation, child custody, and child support in the same case.

What is Child Support by Mutual Consent?

You and your partner can decide on child support arrangements in your divorce agreement without the court’s interference. You can set the amount and method of payment by mutual agreement, and you must clearly lay these terms out in a written agreement, usually as part of a divorce agreement.?

Once you both sign the divorce agreement in the presence of two witnesses, you need to register it with the district office when you register the divorce for validation. If either parent fails to meet the child support terms as agreed, the other parent is entitled to file a petition with the court for enforcement.

Who Pays for Child Support in Thailand?

In Thai joint custody cases, the court usually calculates the amount of child support each parent pays based on their share of the couple’s joint income and the percentage of time each parent has physical custody of the children.

In Thailand, the noncustodial parent, typically the one without primary custody, is usually responsible for paying child support. This ensures that the custodial parent, who handles the child's daily needs, receives financial help to cover expenses related to the child's upbringing. Child support payments are meant to provide for the child's basic necessities including food, clothing, education, and medical care.

What if You Are Not Married and Have a Child in Thailand?

If a child is born in Thailand to unmarried parents, Thai law grants 100% custody to the mother. However, as mentioned earlier, the biological father is not required to pay child support unless the child is legitimized. An unwed mother may petition to have the child legitimized, even if the father disputes this in an effort to avoid child support payments.

These processes are complex, so if you find yourself in a legitimation, custody, or child support payment dispute, it’s recommended to talk to an experienced family lawyer in Thailand.?

Get in Touch with a Family Lawyer at Siam Legal

Handling child support payments or any issues related to child custody in Thailand can be difficult, especially for foreigners. By retaining the services of the expert family lawyers at Siam Legal, you can have peace of mind knowing that your case will be handled with care, dedication, and a focus on achieving the best possible outcome for you and your children.

We will guide you through every step, provide clear and compassionate answers to your questions, and use every legal tool available to strive for a fair and favorable resolution for you and your children.

With over 20 years of experience handling family law cases in Thailand for foreign and mixed-culture couples, we have the knowledge and expertise to handle every detail of your custody arrangements. Whether you need help drafting a custody or child payment agreement, negotiating visitation rights, or other family law matters, our team is ready to provide expert services to ensure your parental rights are protected.

Contact Siam Legal for peace of mind, knowing that every aspect is addressed with precision and care. We support you through each step of the child custody process, ensuring your family's transition is as seamless as possible and you can secure the best possible future for your children.