Child Support in Thailand

Child support in Thailand is a matter governed by the Civil and Commercial Code (CCC), the Civil Procedure Code, and, in some cases, international conventions to which Thailand is a party. It intersects with broader issues of family law, including parental power (อำนาจปกครองบุตร), custody, legitimacy, and the welfare of the child. This article provides a comprehensive analysis of how child support operates in Thailand—covering statutory obligations, enforcement mechanisms, real-world case examples, and the challenges that parents face in navigating the system.

1. Legal Foundations of Child Support in Thailand

• Civil and Commercial Code (CCC), Sections 1563–1566: Establishes parental duties toward children. Both parents are obliged to care for and financially support their child until the child reaches legal majority (20 years old) or earlier if legally adopted by another or emancipated.

• Section 1522 CCC: In divorce cases, the court determines child custody and child support arrangements, focusing on the best interests of the child.

• Constitution of the Kingdom of Thailand (2017), Section 71: Recognizes the rights of children to protection and welfare.

• International Framework: Thailand is a party to the UN Convention on the Rights of the Child (CRC), which obliges the state to ensure parents fulfill responsibilities toward their children.

2. Who is Liable to Pay Child Support?

1. Parents within a marriage: Both parents share equal responsibility, regardless of custody arrangements.

2. Parents after divorce or separation: The non-custodial parent typically pays child support to the custodial parent.

3. Fathers of children born out of wedlock: A father has no legal duty until the child’s paternity is legitimized (through court order, registration, or marriage to the mother). Once legitimized, obligations mirror those of any other parent.

4. Guardianship or adoption scenarios: Guardians or adoptive parents assume full parental duties, including financial support.

3. Determining the Amount of Child Support

Unlike some jurisdictions, Thailand does not have a rigid formula (such as a percentage of income) for calculating support. Courts instead assess reasonableness and the best interests of the child, considering:

• Child’s needs: Education, healthcare, food, housing, clothing, and extracurricular activities.

• Parents’ financial capacity: The income, assets, and debts of the parent obliged to pay.

• Standard of living: Courts often attempt to maintain the child’s accustomed standard of living.

• Number of children: More children generally increase the obligation but must remain within the paying parent’s means.

Practical Range:
In practice, Thai courts often order between 5,000–30,000 THB per month per child, though higher amounts are possible for wealthy parents or children enrolled in international schools.

4. Duration of Support

• Child support is payable until the child reaches 20 years of age (legal majority).

• Support may end earlier if the child:

  • Marries,

  • Is adopted by another person,

  • Becomes financially independent, or

  • Dies.

• Courts may order continued support for children with disabilities or special needs, even beyond age 20.

5. Procedure for Claiming Child Support

5.1 During Divorce Proceedings

• The court decides custody and child support simultaneously.

• Agreements between spouses are possible but must be approved by the court to be enforceable.

5.2 After Divorce or Separation

• The custodial parent may file a petition for child support with the Family Court.

• Evidence required: proof of custody, child’s expenses, and the other parent’s income/assets.

5.3 For Children Born Out of Wedlock

• The mother must first file for paternity legitimization under CCC Sections 1546–1547.

• Once legitimized, she may seek a child support order.

6. Enforcement of Child Support Orders

If the obligor fails to pay:

1. Civil Enforcement:

   • The custodial parent may request the Legal Execution Department to enforce the judgment.

   • Enforcement tools include salary garnishment, bank account seizure, or seizure of assets.

2. Contempt of Court:

   • Repeated failure to comply with a court order may result in contempt proceedings.

3. Passport and Travel Restrictions:

   • In some cases, courts may impose restrictions to ensure compliance.

4. Mediation and Settlements:

   • Thai Family Courts encourage mediation before trial, often resulting in settlement agreements incorporated into the judgment.

7. Tax Implications

• Child support payments cannot be deducted from taxable income by the paying parent.

• However, the custodial parent may claim a child allowance deduction under Thailand’s Revenue Code when filing annual tax returns.

8. Real-World Examples

Case 1 – International School Expenses
A Thai mother and British father divorced in Bangkok. The court ordered the father to contribute 30,000 THB monthly, specifically earmarked for international school tuition. The court emphasized the child’s right to maintain his educational trajectory.

Case 2 – Enforcement Against a Business Owner
A Thai father ceased payments after losing employment. The custodial mother petitioned enforcement. The Legal Execution Department seized income from his small business until arrears were cleared, demonstrating that even non-salaried individuals can be compelled to pay.

Case 3 – Illegitimate Child
A child born out of wedlock filed, through his mother, a claim for paternity legitimization. Once DNA testing confirmed the father, the court issued both a paternity order and a monthly child support order of 10,000 THB, retroactive to the filing date.

9. Challenges in Practice

• No fixed formula: While flexible, it creates unpredictability for parents.

• Enforcement delays: The Legal Execution Department can be slow, particularly in complex asset seizures.

• Cross-border cases: Enforcing Thai child support orders abroad is difficult unless treaties exist. Thailand is not yet a signatory to the Hague Convention on International Recovery of Child Support.

• Informal payments: Many parents rely on informal arrangements, which can break down without enforceability.

10. Practical Guidance for Parents

• Document expenses: Keep receipts for school fees, medical bills, and living costs to substantiate claims.

• Ensure agreements are court-approved: Private agreements, while useful, lack enforceability unless incorporated into a judgment.

• Consider mediation: Thai Family Courts strongly favor amicable settlement, which may result in faster resolution.

• Be realistic about capacity: Courts balance child needs with a parent’s ability to pay; exaggerated demands often fail.

11. Key Legal References

• Civil and Commercial Code Sections 1522, 1563–1566 – Parental obligations and child support.

• Civil Procedure Code (Family and Juvenile Court provisions).

• Act on Establishment of and Procedure for Juvenile and Family Court, B.E. 2534 (1991).

• UN Convention on the Rights of the Child (1989), ratified by Thailand.

Conclusion

Child support in Thailand reflects a balance between a child’s right to welfare and a parent’s financial capacity. The system is flexible, emphasizing case-by-case fairness rather than rigid formulas. However, enforcement challenges and the lack of international treaties can complicate matters, especially in cross-border cases. For parents, the most practical approach remains court-approved agreements, transparent documentation of expenses, and, where possible, mediated settlements. At its core, Thai child support law is guided by the principle that the best interests of the child come first.