Child Support in Thailand

The issue of child support frequently arises in divorces and disputes between non-married litigants. Most often, 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.

If the mother and father can agree to child support this agreement can be reduced to writing as part of a settlement agreement. Often a settlement agreement is drafted in divorce proceedings. If the Parties can agree to such terms it’s possible to register a divorce agreement with a government district office in a simple procedure as part of a divorce case. However, if the mother and father are not married, it is still possible to reach a settlement agreement or to file a court complaint depending on the circumstances.

If the Parties cannot agree to the terms of child support, a complaint can be filed with the court demanding child support. Cases are decided by judges in the Central Juvenile and Family Courts of Thailand. The Family Court will take into consideration various factors in arriving at a child support schedule.

However, the issue a court must first decide would be whether, pursuant to applicable law, a duty to pay child support exists.  If there is such a duty, the court will then consider relative incomes of the Parties, the expenses of the children and other factors to determine an amount for child support.