Child Support 1/2 American/thai

[jrnman73]

I'm new here but i have a delema regarding the issue of child support for my 4 year old son. I will try to make this short and to the point.

The child was concieved in America but born in Thailand.

She has me regesterd as the father on his Thai and American birth certificate.

He has his American and Thai passports.

She and i were never married but we dated for a short time in America.

I supported her through the birth. (cant varify with documents as it was cash)

I have supported him through the first 3 years at about 2000TB a month plus cloths and expenses when i see him

For the past 9 months i changed that to 4000TB a month plus cloths and 1/2 of his cloths and expenses when i see him.

The boy has resided at his grandparents house since birth as has his mom.

I moved to Thailand 2 and 1/2 years ago and work for a (UK) agency and which placed me in the same school the whole time.

Salary is roughly 43000TB.

Her salary for his first 3 years was roughly 20000TB. She has since started a company online and without varifying she makes more than my salary now. ( This is unvarifiable)

I have seen the boy roughly 4 times a month since iv'e been living here. But the situation has deteriorated to the point of no return and now she is threatening me with suing for child support. Unfortunatly i dont have much documentation to back me up.

My questions are:

1. Legally what can she actually sue me for with the given information and how much can i expect the pay?

2. Is there any way to get partial custody or visitation legally? (She has threatened me many times to cut off visitation)

And if anyone can recomend a good attorny i would appreciate it. I live in a Bangkok suburb.

Edited October 21, 2012 by jrnman73

[Mario2008]

1. In Thailand a Thai court will order you to pay child support in the order of 3,000 to 6,000 baht a month plus you share educational and medical costs. Al she have to do is file a paternity suit against you.

As the child is a US citizen, she might also be able to file in a US-court, but about that i have no knowledge.

2. You can ask the court to be recognised as the legal father and at that time also ask for shared parental rights. That parents get shared parental rights is the norm in Thailand. Only if there are seasons why you will be a danger to the child will a Thai court reject a request for parental rights.

The process is a lot easier (quicker and cheaper) if the mother agrees, you could negotiate with the child support.

[TommoPhysicist]

If she is living in a rural area, child support will be 100bht per day.

But

She will need to have you recognized as the father by court order, and you will be entitled to claim 50% custody.

(At the moment you aren't considered the father in Thailand no matter what the birth certificate says)

Typically the Thai court costs will be more than she can hope to recover from you in support.

Tell her to sue and be damned ........ you have nothing to fear from the Thai court system.

1. 100bht per day, she pays her own court costs.

2. She takes you to court, you can claim 50% custody.

At the moment you can't get custody, as you aren't yet considered the father under Thai law.

You might want to get a DNA test on the child.

Edited October 21, 2012 by TommoPhysicist

[jrnman73]

Thanks for the information. A bit more information is about my job. The first 1 and 1/2 years i did not have a work permit and so therefore i was technically unemployed. Also I do not have any assets In America or Thailand. For myself i figures 10% of my income was the norm for child support so the range you gave me seems fair.

As far as her filing in an american court, I am not sure she would or could do that. See from my understanding I have 0% rights to my child as a foreigner in Thailand. But he has both citizenships. If she goes to an American court it would think that would grant me visitation. Will a Thai court grant that as well?

[jrnman73]

If she is living in a rural area, child support will be 300bht per day.

But

She will need to have you recognized as the father by court order, and you will be entitled to claim 50% custody.

(At the moment you aren't considered the father in Thailand no matter what the birth certificate says)

Typically the Thai court costs will be more than she can hope to recover from you in support.

Tell her to sue and be damned ........ you have nothing to fear from the Thai court system.

1. 300bht per day, she pays her own court costs.

2. She takes you to court, you can claim 50% custody.

At the moment you can't get custody, as you aren't yet considered the father under Thai law.

You might want to get a DNA test on the child.

300TB a day seems a bit steep actually.... 9000 per month? i can't afford that....Im on a Thai salary here....And her income is more than mine....but unvarifiable as of this moment.

Edited October 21, 2012 by jrnman73

[TommoPhysicist]

Your income is irrelevant. Her income is irrelevant.

Thai courts award on the cost of the child being brought up in the area it lives.

Rural = 100bht/day, BK = upto 200bht/day.

If you are working 'cash in hand' there is no way the court can recover the award anyway .... this isn't the USA.

Please excuse my mistake, typed 300, meant 100.

Edited October 21, 2012 by TommoPhysicist

[jrnman73]

LOL ok man you had me shitting there HAHA.....200 is doable....Now lets say she doesnt want me to see my son, and I'm ordered to pay the 6000TB a month. Will i be able to get visitation by law? Can i take my son fishing with just him and I alone?

[TommoPhysicist]

LOL ok man you had me shitting there HAHA.....200 is doable....Now lets say she doesnt want me to see my son, and I'm ordered to pay the 6000TB a month. Will i be able to get visitation by law? Can i take my son fishing with just him and I alone?

If you don't get 50% custody, you don't pay.

Many Thai men don't pay no matter what the court says, just work off the books.

PS

200bht a day is extreme maximum ...... she's unlikely to get more than 100bht/day.

If she goes to court, she loses .... you are already giving more than the court would order.

And if you do give her any money at all now, make sure it's traceable, goes from your bank to her bank. Keep receipts for anything you buy the kid.

NO CASH IN HER HAND FOR ANYTHING!

Edited October 21, 2012 by TommoPhysicist

[jrnman73]

1. In Thailand a Thai court will order you to pay child support in the order of 3,000 to 6,000 baht a month plus you share educational and medical costs. Al she have to do is file a paternity suit against you.

As the child is a US citizen, she might also be able to file in a US-court, but about that i have no knowledge.

2. You can ask the court to be recognised as the legal father and at that time also ask for shared parental rights. That parents get shared parental rights is the norm in Thailand. Only if there are seasons why you will be a danger to the child will a Thai court reject a request for parental rights.

The process is a lot easier (quicker and cheaper) if the mother agrees, you could negotiate with the child support.

Regarding the parental rights. This all started to turn bad because my current girlfriend has a daughter of 5 who my son got to know from March to December 2011....My sons mother seem to become jelous of this and she cut that off. Anyway I am saying this because there is no danger for my son to be with me at all. So Im glad to hear that if she goes to court shes opening up herself for me to have 1/2 custody. Actually i wouldnt mind him living with me all the time.

Edited October 21, 2012 by jrnman73

[jrnman73]

LOL ok man you had me shitting there HAHA.....200 is doable....Now lets say she doesnt want me to see my son, and I'm ordered to pay the 6000TB a month. Will i be able to get visitation by law? Can i take my son fishing with just him and I alone?

If you don't get 50% custody, you don't pay.

Many Thai men don't pay no matter what the court says, just work off the books.

PS

200bht a day is extreme maximum ...... she's unlikely to get more than 100bht/day.

If she goes to court, she loses .... you are already giving more than the court would order.

And if you do give her any money at all now, make sure it's traceable, goes from your bank to her bank. Keep receipts for anything you buy the kid.

NO CASH IN HER HAND FOR ANYTHING!

Shes in Ladkrabang....I dont mind paying actually....IF ITS FAIR

I only do Bank transfer now to her mothers account.

I just want to have my free time to take the boy out and be part of my life.

Edited October 21, 2012 by jrnman73

[FritsSikkink]

I have supported him through the first 3 years at about 2000TB a month plus cloths and expenses when i see him.

How high were the expenses because 2000 a month is very low.

[jrnman73]

I have supported him through the first 3 years at about 2000TB a month plus cloths and expenses when i see him.

How high were the expenses because 2000 a month is very low.

Actually food and diapers for the first 2 year was roughly 2000 a month. Plus buying cloths and other misc childrens things like a playpen, stroller, toys....ect. Read above too....she and my son live at her parents house....rent free. And she does work too. So there arn't many living expenses beyond that.