Child support in Thailand is legally governed by the Civil and Commercial Code, which requires that parents, whether married or not, provide financial support for their children. The court may enforce child support obligations after a divorce, separation, or if one parent refuses to contribute voluntarily. Both parents have the legal duty to ensure their child’s basic needs, including education, healthcare, food, and shelter, are met.
1. Legal Framework for Child Support
Under Thai law, child support is a right owed to the child, regardless of the marital status of the parents. The law prescribes that both parents are responsible for their child’s welfare until the child reaches adulthood, which is typically at 20 years of age, unless the child is financially independent before that time.
In cases of divorce or separation, child support is often determined during the custody and divorce settlement process. If the parents cannot agree on an amount, the court may intervene and set the monthly support based on the child’s needs and the parents’ financial capacities.
2. Child Support Calculation
Unlike some other countries, Thailand does not have a fixed formula or child support calculator. Instead, courts consider several factors when determining child support, including:
- Child’s needs: The child’s educational, medical, and daily living expenses.
- Parent’s financial capacity: The ability of both parents to contribute, based on their income, assets, and other obligations.
- Standard of living: The lifestyle to which the child has become accustomed.
While both parents are responsible for support, the financial obligations may vary depending on the parent’s earning capacity. The court aims to ensure that the child’s standard of living is maintained post-separation.
3. Court Proceedings for Child Support
When parents cannot agree on child support payments, the issue is brought before a family court in Thailand. Either parent may file a petition for child support, and the court will review the case, taking into consideration the evidence provided about both the child’s needs and the parents’ financial circumstances.
a) Required Documents
Parents will need to provide documents such as:
- Proof of income (salary slips, tax returns).
- Child’s educational expenses (school fees, tuition, etc.).
- Medical records if the child has special healthcare needs.
b) Enforcement of Court Orders
Once the court issues a ruling, the parent responsible for paying child support must comply. If they fail to make the required payments, the court may enforce penalties, such as wage garnishment or property seizures.
4. International Child Support Cases
Thailand is not a party to the Hague Convention on International Recovery of Child Support, but international child support enforcement is still possible through bilateral agreements with certain countries or under Thai law.
a) Recognition of Foreign Judgments
Foreign court orders for child support can be enforced in Thailand if they comply with Thai public policy. Similarly, Thai court orders for child support can be recognized and enforced in foreign jurisdictions, depending on the laws of the respective countries.
b) Foreign Nationals and Child Support
Foreign parents living in Thailand are also subject to child support obligations under Thai law. Courts will consider the foreign parent’s income, even if it comes from abroad, when determining the amount of child support to be paid.
5. Modifying Child Support
Either parent can request a modification of child support if there is a significant change in circumstances, such as:
- A substantial increase or decrease in the paying parent’s income.
- The child’s financial needs changing due to educational or medical factors.
The court will evaluate the new circumstances and determine whether to adjust the support amount accordingly.
6. Child Custody and Support Interactions
In most cases, the custodial parent (the parent who has primary physical custody) is the one who receives child support. The non-custodial parent contributes financially to ensure that the child’s needs are met, although the court’s primary focus remains on the child’s best interests. However, child support is a separate issue from visitation rights—failure to pay support does not affect the non-custodial parent’s rights to see the child, and vice versa.
Conclusion
In Thailand, child support is an essential legal obligation for parents, designed to ensure that a child’s welfare is maintained even after a separation or divorce. While the amount of child support is determined on a case-by-case basis, the court takes into account the child’s needs and the parents’ financial capabilities. Ensuring compliance with child support obligations is crucial for the child’s well-being and stability, and Thai law offers mechanisms to enforce these obligations when necessary.