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Posted

Well we are starting the process for at this stage a non-contested divorce. We both want that however her family wants 100% of our assets. Time will tell.

Anyway, planning for a easy divorce, but what about the kids? They are 100% Thai, abandoned by their Thai dad. Age 8 & 12.

Been married for 4 years. I treat these kids the same as my own.

Do I legally owe child support?

Can I legally get access ?

Can I get access into a divorce agreement?

It is not the kids fault that greed is indirectly going to set them back. I makes me very sad knowing that they are going to be pulled form the best school I could afford to go to a nasty local school and they will be taken over by the illirate mother in law.

The misses is going to end up very cashed up, but I doubt any of that will go into the kids future.

Any suggestions?

Posted

Legally you are probably not the legal father an do not own child support. (If the mother wasn't officially married to the children's father, you could have become the legal father of the children by marrying the mother as i'm not sure sure how Thai alw works in that respect. But I suspect that will not be the case).

In Thailand, child support is about 3,000 to 6,000 baht a month and both parents share the cost of education and health care.

Legal access is not possible in your situation. You can get legal access by agreement upon the divorce. In that case you enter the agreement at the same time when you register the divorce. So have an agreement made by a lawyer.

Under Thai law there is no alimony and you only split what both of you acquired during the marriage (including debts), unless you make other arrangements in a divorce agreement. So you have room to negotiate access to the children.

Posted

In Thailand, child support is about 3,000 to 6,000 baht a month and both parents share the cost of education and health care.

I don't mean to doubt your information, i'm happy to stand corrected, but I have never heard of this before. Is this actually the case legally, and if so, why isn't it enforced?

As the OP said, the children were abandoned by their Thai father. That is without question the norm here.

Posted

That is the normal figure quoted by several members in divorce cases.

It is even enforced. If need be it will even be deducted by the employer and handed over to the former spouse by decision of the court. The problem is that many parents are not legally married, so there is no legal father. And secondly, many people work but don't have an official employer. Not to mention that to go to court you need money.

An old lawyers joke is about going bankrupt twice: The first one when you lose a case and the second one when you won the case.

Posted

I don't mean to doubt your information, i'm happy to stand corrected, but I have never heard of this before. Is this actually the case legally, and if so, why isn't it enforced?

Not enforced because

1) Legal costs often exceed any money that may be recovered by the award, and the woman has to pay her costs up front.

2) Money can only be collected from an official taxed pay-packet earned in Thailand. Many Thai men will quit and work cash-in-hand rather than pay.

Maintenance awards are a flat daily rate not dependent on the income of the father, or the expectations of the family.

Posted

The problem is that many parents are not legally married, so there is no legal father. And secondly, many people work but don't have an official employer. Not to mention that to go to court you need money.

Explains all, I was thinking more of the situation where the father of a child pays maintenance for his kids, regardless, as in civilised western countries.

Proper marriage and a proper divorce = child support payments.

  • 2 weeks later...
Posted

Why does foreign husband have to pay child support whereas the Thai ( the real father) couldn't be bothered?

Foreign fathers are not treated differently then Thai fathers.

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