In Thailand, ensuring the financial needs of children after separation or divorce becomes a primary responsibility for parents. This comprehensive guide explores the concept of child support in Thailand, factors influencing its determination, and the process for obtaining or enforcing Thailand child support orders.
The Framework for Child Support:
Thailand lacks a dedicated child support law. However, the Civil and Commercial Code (CCC) outlines parental obligations towards child maintenance. Additionally, the Child Protection Act (2008) emphasizes the principle of “best interests of the child” when determining financial support.
Who Pays Child Support?
The parent with whom the child doesn’t primarily reside typically holds the primary financial responsibility. However, both parents share the obligation to contribute to their child’s well-being.
Factors Affecting Child Support Amounts:
The amount of child support awarded in Thailand depends on several factors:
- Child’s Needs: The primary consideration is the child’s essential needs, including food, clothing, shelter, education, and medical care.
- Standard of Living: The child’s pre-separation standard of living plays a role in determining appropriate support.
- Parents’ Income: Each parent’s financial capacity to contribute is assessed.
- Cost of Living: The location and overall cost of living where the child resides are considered.
- Number of Children: The number of children requiring support can influence the total amount awarded.
- Special Needs: If the child has any special needs requiring additional financial resources, this can be factored in.
Determining Child Support:
Child support arrangements in Thailand can be reached through different avenues:
- Mutual Agreement: During separation or divorce proceedings, parents can negotiate and agree on a child support amount. This agreement should be formalized in writing for clarity and future enforceability.
- Court Order: If negotiations fail, either parent can file a petition with the court requesting a child support order. The court considers the factors mentioned above and issues an order outlining the amount of support, payment frequency, and duration.
- Enforcement of Existing Orders: If a child support order exists but is not being followed, the custodial parent can initiate legal action to enforce the order through the court.
Challenges and Considerations:
Several challenges and considerations exist regarding child support in Thailand:
- Informal Agreements: While common, informal child support agreements may be difficult to enforce in court if disputes arise later.
- Lack of Specific Guidelines: The absence of dedicated child support legislation can lead to inconsistencies in awarded amounts across different cases.
- Limited Enforcement Mechanisms: Enforcing child support orders can be a lengthy and complex process.
- Varying Income Levels: Disparities in income between parents can make it challenging to establish a fair and sustainable support amount.
Seeking Legal Counsel:
A lawyer experienced in Thai family law can be invaluable in child support cases. They can:
- Advise on appropriate child support arrangements based on your circumstances.
- Draft and formalize child support agreements.
- Represent you in court if necessary to secure a child support order.
- Assist with enforcing existing child support orders if payments are not being made.
Conclusion:
Child support in Thailand aims to ensure children’s financial well-being after a family separation. Understanding the legal framework, factors affecting support amounts, and the available options empowers you to make informed decisions for your child’s future. Remember, seeking legal guidance can increase your chances of securing a fair and enforceable child support arrangement.