By: Magna Carta Law Office
Child Support is a payment or contribution, usually made by a noncustodial divorced parent as a legal obligation to support to the financial care and costs of raising his or her minor child or children. Child support can be settled by a written agreement or by a court order.
A Child Support Agreement is a written agreement between parents setting out the amount of child support to be paid to help with the financial costs of raising their child/children after separation. It can include provisions regarding the method of payment of child support to cover the child’s expenses such as food, shelter, clothing, education, health costs and other extra-curricular costs for the benefit of the child. Support shall be provided by periodical payments unless the parties agree to settle in other manners.
The amount of child support and up to what extent the amount would be granted shall be according to the decision of the Court, considering the ability of the noncustodial divorced parent bound to provide the support, the condition in life of the child and the circumstances of the case.
If there has been a change in circumstances or in the means or condition in life of the parties, they may request as follows:
In the case of mutual consent of divorce, both parties can request to amend the contribution attached to Divorce Certificate at the District Office.
In case of divorce by judgment of the court, the court may make alterations on the support by cancelling, reducing, increasing or re-establishing the amount of support when any interested person can show that there has been a change in circumstances or in the means or condition in life of the parties.
Parents are bound to support their children during their minority, to provide them proper education, to look after them when they are in poor health and maintain them until they are capable of earning their own living. In case the custodial parent denies visitation rights to the non-custodial parent, such excuse cannot be used for denying support for their child/children.
In Thailand, a child born out of wedlock is deemed to be the legitimate child of the birth mother. The biological father is not considered as the legitimate father and shall have no legal rights over the child. Therefore, the biological father is not bound by law to pay child support unless he acknowledges that he is the father through the child legitimation process.
A father’s rights to a child can be legitimized:
– If there is a subsequent marriage between the father and the mother
– If there is a registration of legitimation made at the local district office or Amphur on application by the father
– If there is a judgment by the court