Q: How do child support cases normally arise in Thailand?
A: Child support cases can arise between parents who are either married to each other, married to other spouses or unmarried. Typically, the mother of a child will be suing the biological father for child support. However, it is also possible for a father with custodial rights of a child to seek child support from the mother of the child.
Q: Do Thailand child support agreements need to be settled in Thailand Courts?
A: If the mother and father can agree to child support, this agreement can made part of a divorce settlement agreement. If the mother and the father can agree to such terms it’s possible to register a divorce agreement that includes the terms of child support with a government district office as part of a divorce case. If the mother and father are not married, it is still possible to reach a settlement agreement. However, without a court order, the agreement may be difficult to enforce. In general, where there is a disagreement between the parents or one parent refuses to pay child support, a court complaint must be filed to obtain a valid order of child support.
Q: What happens if parents cannot agree on Thailand child support?
A: If parents cannot agree to the terms of child support, a complaint can be filed with the court demanding Thailand child support. If the father’s paternity has not been established by law, it may be necessary to file a paternity case against the father. Cases are decided by the Central Juvenile and Family Courts of Thailand. The Family Court will take into consideration various factors in arriving at a child support schedule.
Q: How do courts determine the amount of child support?
A: If the Courts determine that one parent has a duty to pay child support to another, the Court will then consider relative incomes of the parents, the expenses of the children and other factors to determine an amount for child support.