Child support in Thailand or Thailand divorce alimony can be complex. There are two instances where child maintenance normally comes to the fore. The first is during a divorce in Thailand where child maintenance will be sought as an interim measure. Then also with spousal support until a final order can be made by the courts. The second is normally after child legitimization in Thailand when an illegitimate child is legitimated. These is an increase in clients wanting to know about child support for an illegitimate child in Thailand
If you are going to use mediation in the divorce in order to lower costs, then you will need to consider how this child maintenance will be paid. Over the years there have been several methods especially when one of the parties returns to his home country.
One of the most popular is to open a bank account in your home country with a Visa/MasterCard ability. This will allow your ex-wife to draw money at a local ATM in Thailand. You simply place money into your account at home. This is rather common as the cost is lower than Western Union or MoneyGram.
During court proceedings, if this is a litigated case the courts will also look at what is reasonable for the children to maintain their current standard of living. As an example, your ex-wife has no real employment as she was a housewife. The children however enjoyed going to a private school. Then the courts will more likely than not include the school fees into the maintenance order even if you have to pay this directly each year.
The courts during the divorce can also grant a temporary order for maintenance until such time that the case has been completed. This interim maintenance order may be made a permanent maintenance order later. The court will look at the following:
– Their current standard of living;
– Schooling costs;
– Your wife’s ability to support this standard;
– Your ability to support this standard.
They would normally balance the maintenance order based on what each of the parties can deliver for the children. The maintenance order is not normally something that gets disputed much in Thailand compared to say a spousal maintenance order, full child custody, or the dividing of the property. Those are normally the main areas of dispute when it comes to divorce in Thailand.
The issue of child support for an illegitimate child in Thailand as explained above most times are set by the parties by mutual agreement. Those who have approached the courts will be different. The issue here is that most of the parents live in different countries. It mostly makes court where a written agreement has been broken between the parties. Note that there are three positions. Firstly there is child custody in a divorce as well as those with the mediation in child custody being used.
The other issue that also comes to mind is where Muslims couples get divorced. Child maintenance after Talaq is another rising issue with globalism. Many couples live between Thailand and another country. If the formal registered marriage was in Thailand then the divorce proceedings will need to come from court or via a mutual consent divorce. The traditional Islamic wedding is seen as not being official as it still has to go though the formal legal system in Thailand. Child support after the Talaq will be court issued as the registered marriage ends, or by mutual consent if the marriage is being ended by mutual consent at the local Amphoe’s office. (See: Talaq in Thailand)
The enforcement of the maintenance order for children once one of the parties leaves the country becomes an issue. How will this be enforced and does access to the children hang in the balance when maintenance is late or overdue. There is an interesting case in the British courts many years back where the judge ruled that maintenance does not guarantee access to the children. Also that the legal processes have nothing to do with each other.
If you are getting divorced or having your child legitimized while in Thailand. Consider your options and also fully understand the legal ramifications when you proceed down this line. Always seek proper advice from a family lawyer in Thailand for more assistance and advice with regards to your own situation as one is never the same as the other. Child alimony in Thailand or Child maintenance will depend on a negotiated settlement or the Thai courts. See also the article on child kidnapping in Thailand.
The information contained on our website is for general information only and does not constitute legal advice.