Child Support in Thailand
Child support is a topic which tends to bind all parties involved. Although in some situations, mothers pay child support to custodial fathers, in the vast majority of cases, mothers are the custodial parents and non-custodial fathers pay child support.
Child support laws and regulations vary around the world. It is best to seek legal advice about this matter to get the best resolution. Some parents have informal or voluntary agreements or arrangements that do not involve the courts, where financial child support and/or other expenses are provided to the other parent to assist in supporting their children.
Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically, one has the same duty to pay child support without biases on gender, so a mother is required to pay support to a father just as a father must pay a mother. In some jurisdictions where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, and a custodial parent with a higher income may be required to pay the other custodial parent.
Table of Contents:1. Who should support their children? 2. The Use of Child Support Payments. 3. Child Support (for Divorced parents). 4. Child Support provisioned by the Court. 5. Child Support with Mutual Consent of the Divorcing Spouses. 6. Siam Attorney is the best law firm to help you with Child Support Cases.
1. Who should support their children?
Child support is a battling issue not just in Thailand but in western jurisdiction and in the Asian jurisdiction as well. This is an open clause issue that requires understanding from both parents. The welfare of the child is at stake for this matter that is why both parents have a responsibility to support their children financially. This issue may depend on who is more capable such as if one spouse has a better income than the other or it will depend on the terms discussed and agreed by both spouses.
2. The Use of Child Support Payments
Child support orders is purposely for specific items for the child, such as school fees, day care, and medical expenses. In some cases, parents may pay for these items directly. For example, they may pay tuition fees directly to their child’s school. There will also be situation wherein each parent must assume a percentage of expenses for various needs. it is vital that both parents of the child must agree and discuss on how they will maximize the child support payments in favor of the child’s welfare.
3. Child Support (for Divorced parents)
When a divorce occurs and one parent has physical custody of the children, that parent’s responsibility is fulfilled by being the custodial parent. The other parent then makes a child support payment which fulfills that non-custodial parent’s financial responsibilities.
In the case of joint custody, the amount of child supports each pay is normally calculated by the court considering the percentage each parent contributes to the couple’s joint income and the percentage of time each parent has physical custody of the children.
In divorce cases, child support payments may be determined as part of the divorce settlement, along with other issues, such as alimony, custody and visitation. In other cases, there are several steps that must be undertaken to receive court-ordered child support. Some parents anticipating that they will receive child support may hire lawyers to oversee their child support cases for them; others may file their own applications in their local courthouses. Under the Civil and Commercial Code of Thailand Section 1520 and Section 1522:
4. Child Support provisioned by the Court:
Section 1520 “In case of divorce by mutual consent, the spouses shall make an agreement in writing for the exercise of parental power over each of the children. In the absence of such agreement or an agreement thereon cannot be reached, the matter shall be decided by the Court.
In case of divorce by judgment of the Court, the Court trying the divorce case shall also order that the parental power over each of the children belongs to any party. If, in such trial, it is deemed proper to deprive that spouse of the parental power under Section 1582, the Court may give an order depriving that spouse of the same and appointing a third person as a guardian, by taking into consideration the happiness and interest of the child.”
5. Child Support with Mutual Consent of the Divorcing Spouses:
Section 1522 “In case of divorce by mutual consent, an arrangement shall be made and contained in the agreement of divorce as to who, both of the spouses or either spouse, will contribute to the maintenance of the children and how much is the contribution.
In case of divorce by judgment of the Court or in case the agreement of divorce contains no provisions concerning the maintenance of the children, the Court shall determine it.”
6. Siam Attorney is the best law firm to help you with Child Support Cases
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