Child Support in Thailand

Child support in Thailand is a contentious issue. Many Americans refer to it as alimony payments. Child support battles may be a result of disputes between non-married and even married couples regarding financial issues, and not necessarily seeking for a divorce. Usually, the mother of the child will be filing a legal complaint against the biological father for child support. However, there are also cases where the father was granted custody rights of the child and is seeking child support and other financial support on behalf of the child from the mother.

If both parties come to an agreement regarding child support also called alimony payments then all they have to do is put it into writing as a part of the settlement agreement or divorce agreement. If the parties are unable to agree with the terms of Child support, then a complaint may be filed in a court that has jurisdiction to demand child support. Cases for this matter will be decided by a judge from the Thai Family Court, wherein various factors will then be considered prior to judgment.

If you are considering the child support for an illegitimate child in Thailand then read further. Different factors are taken into consideration before coming up with a decision regarding the amount to be paid for child support. As to the children who will be the recipients of the support, these will be the usual things to be considered:

• The child’s age, which means that the younger they are, the longer child support will have to be paid. Parents are expected to financially support their children until they reach the legal age of 20;

• The child’s health, which means that children with complicated health conditions require a more substantial financial support;

• The lifestyle that the child has been familiar with, which means that children should not be allowed to experience a drastic change in their way of life because it may result to psychological trauma;

• Other needs of a child, which in the case of a mentally-challenged child wherein special education is required;

See also: Thai child support visa then child custody as well as the fathers custody rights and finally your legal rights in Thailand as a foreigner. You can also see child legitimation for your child.

For the parents, the following factors are to be considered in order to determine which parent should pay child support:

– Both parties‘ present financial capacity;

– Both parties’ age;

– Both parties’ capability to make a living, considering educational and work experience;

– Both parties’ health;

– Other issues including past and future responsibilities in the financial aspect, such as loans.

Settlements regarding child support may be drafted as part of the Divorce agreement in Thailand as child support in Thailand is a major issue with ex-pats and foreigners alike. Alimony payments or child maintenance if part of the divorce agreement should be submitted to the local district office for divorce by mutual agreement, or to a Thai court for a contested divorce.

Sometimes we do get odd questions. The question about the  Thai child support visa is becoming more common. This visa does not exist. There is only what is called a marriage visa for those married to a Thai national. This visa whoever is in actual fact the Thai “O” visa. The “O” stands for “Other” as it is mainly a family visa.

There are those who live in Thailand where they have a minor child and they stay in Thailand on an “O” visa in support of a Thai national. So the next time someone asks about a child support visa in Thailand, then remember that it is a family visa. The same one used to live with your Thai wife in Thailand. Except here you are living with and supporting your minor Thai child. See the article on how to legitimize a child in Thailand. If you have any questions on how to legitimize a child then speak to our family lawyer in Bangkok online for advice.