Child support normally comes into play during a divorce in Thailand. This is normally in conjunction with child custody and there are many of these cases each year. In 2014 there had been more than 3,000 in litigation in the Thai courts. Child support is normally easy to settle. Below are two examples where this occurs. Note that under Thai law you have a duty to support your children until the age of 20 years of age. Speak about that to a family lawyer in Thailand
Child support most times comes by mutual agreement however there are times when it ends in court and the courts have to pass judgement on the amount and other benefits such as school fees and medical cover.
Alimony as it is call in the US is for expenses of raising a child. These included but are not limited to clothing, food, medical and their educational needs. In most cases they separate the medical and educational from the cash amount each month. This would be standard in a divorce as one parent might simply pay the educational costs out of pocket each year and extended their own medical cover to include the child. The most common problem is where the money demanded is not to cover the cost of raising the child but for the benefit of the ex-wife. These usually end in litigation as the demands tend to be highly unreasonable.
Child support in divorce is normally calculated by both parties. As stated above there tends to be issues where the ex-wife wants more than what is reasonable. The courts will normally decide what is best for the child. The courts tend to look at what each parent earns and what they can afford. Once the ruling is made there will also need to be arrangements as to how the money will be paid. This can be done annually or on a monthly bases which is the most common be that with a foreign debt card setup abroad for the purpose or by debt order if the parent is not going back to his home country.
Child Support for Illegitimate Child
Illegitimate children in Thailand can present their own problems. Since there is no law forcing you to pay child support the mother would normally approach the court for a court order forcing the other party to pay for the cost of raising the child. The courts will rule of legitimation, child support as well as child custody.
Child Support by Mutual Consent
This is not uncommon when parties decide what is reasonable in view of the circumstances. Normally the courts are not involved as they might drat and agreement during the divorce process. Speak to a lawyer about child support as well as child legitimation in Thailand. Note that there will need to be two competent witnesses to this agreement.
Always take legal advice before you agree or sign any agreement. Much like property in Thailand, family law is costly when there are errors or misunderstandings. Seek legal advice from a competent family lawyer in Thailand.
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