Child support in Thailand

[Kenny202]

I am an Australian living here on an O/A visa with my Thai girl and we are considering having a child. Been together three years, not legally / registered married and we never will be. Don't foresee things going wrong but as we all know they can. I have no intention of shirking responsibilities later on but nor do I want to put my neck in a noose or create a possible opportunity. My girl as far as Im concerned is genuine etc but they do like to have an insurance policy up their sleeve and they know all the tricks these days net working together on Facebook etc. I wont marry because I don't want to lose control of my future or finances. Have been to the cleaners twice now and just can't afford for it to happen again.

I was under the impression in Thailand child support wasn't enforceable but I read somewhere on TV if you are verified as the father a maintenance payment will be awarded by a judge? Is it true? If it is true is it based on your wealth or ability to pay or a set amount?

She also mentioned should we go ahead she'd like me to obtain an Australian passport for the child. Will this compromise me in anyway? Would like to hear from others who have experience here.

[Boo]

If you aren't ready to marry her then you certainly aren't ready to produce another human with her.

She needs to find someone who is prepared to commit & start a family with so do her a favor & dump her.

[Kenny202]

You don't know anything about me nor my intentions. There is nothing wrong with assessing your position before you make a lifetime commitment like this. That is the reason so many do abandon their children, lack of forethought. For your information I brought up 4 kids alone in Australia 8 years old and up.

Marriage has nothing to do with commitment to a child or other person. It is nothing more than a legal contract......one in which one party has all the wealth / assets and everything gained over a lifetime to lose and the other party has zero and everything to gain. Please keep your ill informed judgements to yourself. You do not have a clue

[Boo]

This is an internet forum, you posted & got an opinion. You clearly have zero respect for your gf of 3 years, the fact you will have a child with her yet question whether giving that child a passport to Australia will affect you & your question on whether child support in the case of separation is enforceable tells me all I need to know.

Do her a massive favour & let her find someone else. Seriously

[Kenny202]

This is an internet forum, you posted & got an opinion. You clearly have zero respect for your gf of 3 years, the fact you will have a child with her yet question whether giving that child a passport to Australia will affect you & your question on whether child support in the case of separation is enforceable tells me all I need to know.

Do her a massive favour & let her find someone else. Seriously

I didn't ask for your emotional ill informed opinion obviously biased by your own bad experiences? I asked for advice....preferably constructive

Are you really a moderator on TV? because if you are you should do everyone a massive favour and go away....seriously

[Boo]

This is an internet forum, you posted & got an opinion. You clearly have zero respect for your gf of 3 years, the fact you will have a child with her yet question whether giving that child a passport to Australia will affect you & your question on whether child support in the case of separation is enforceable tells me all I need to know.

Do her a massive favour & let her find someone else. Seriously

I didn't ask for your emotional ill informed opinion obviously biased by your own bad experiences? I asked for advice....preferably constructive

Are you really a moderator on TV? because if you are you should do everyone a massive favour and go away....seriously

No not based on my own bad experiences. I married & had a child with an actual man.

And yes I am a moderator. This is my view as a normal human.

But fyi, under Thai law unless you are married you are not the legal father of the child regardless of your name on the birth certificate nor if they hold a passport from your home country.

There is a process to legitimize the child without marriage but I doubt you'd be interested in it.

If you ever came to Thailand with the child your gf could hand it over to whomever she chose & refuse to return to Australia, there would be nothing you could do beyond a lengthy & expensive court case, you would basically have zero rights over the child.

If she had the child in Australia then the law there will apply whilst you are in country.

[manarak]

You don't know anything about me nor my intentions. There is nothing wrong with assessing your position before you make a lifetime commitment like this. That is the reason so many do abandon their children, lack of forethought. For your information I brought up 4 kids alone in Australia 8 years old and up.

Marriage has nothing to do with commitment to a child or other person. It is nothing more than a legal contract......one in which one party has all the wealth / assets and everything gained over a lifetime to lose and the other party has zero and everything to gain. Please keep your ill informed judgements to yourself. You do not have a clue

If you want a factual answer better to not add a backstory to technical questions.

Stories always get judgements and with judgements people who try to force their worldview upon you.

Here is what I know:

- your name can be put in as father on the birth certificate without your approval

- for that reason, the father's name on the birth certificate is not enough to claim child support from the designated father (only if you were married)

- I heard that child support in Thailand is not much, 2000 baht was a figure I heard, but I don't know if the amount depends on the supporter's wealth or income or if it scales with the dependent's age.

and there is much more I don't know, for example if child support can be awarded based on DNA testing, if tests can be ordered, etc.

[Kenny202]

Boo I appreciate your information. You can not judge someone or sum up their intentions by a 4 or 5 sentence post nor can you question my man hood or fitness as a father. I understand you have a woman's point of view and there are many woman in Thailand I am sure who have been wronged or left in the lurch by farang. But 50% of this forum are guys, many unsuspecting and genuine who have been led in to marriage and entrapped solely for the purposes of another's financial gain. We can not pretend this isn't rife in Thailand. I am here retired, relatively young and one of the reasons for my question is if I can potentially afford to pay a child support long term. I can certainly support a child in our current situation but if I could potentially be bled for 10-20k baht a month it may be another story.

[Boo]

It's around 3-6k baht a month per child but only legitimized children. it is not enforceable if the father lives overseas. Basically it would be very difficult for the op's gf to "get" his money via the Thai courts. No idea about Australia. The passport wouldn't have any bearing at all on his money but would be a great benefit to the child later in life.

Oh & fyi, my advice is constructive, you've already done the family thing, been fleeced a couple of times apparently, so just don't have more kids.

You have to just take a leap of faith when it comes to relationships. A having kids, regardless of what you can or cant afford right now, is an expensive hobby with ever increasing costs.

[manarak]

The passport wouldn't have any bearing at all on his money but would be a great benefit to the child later in life.

Do you have a positive source for that?

If not, I wouldn't be 100% sure about that, because international family legal matters are very tricky.

Bestowing an Australian passport on the Child would involve recognizing paternity under Australian Law.

I don't know if this requires testing and what the consequences are in Thai Law.

Also, what happens if dependent child and father find themselves to be in Australia?

Finally, there are also inheritance Laws to consider, although since the OP mentioned that he had been taken to the cleaners twice already, I guess there isn't much to get anymore.

[Boo]

Sorry Manarak, as op lives in Thailand atm meant that answer to be "in Thailand".

The Australian its would need input from those with Australian law knowledge. But having a foreign passport doesn't automatically legitimize under thai law. That requires an approved dna test, thai family court &/or legitimization at birth by both parents or waiting till the child is of an age that they can attest in court themselves with dna. or being named on the birth certificate & then later marrying the mother. (forgot that one!)

[MaeJoMTB]

Unless she (and/or the child) has lived in Australia, she/child has no right to use the Australian legal system.

Unless married in Thailand it is unlikely she could ever get maintenance from a foreigner.

Even when maintenance is awarded in Thailand (from married partners), it can only be recovered from wages earned and taxed in Thailand.

So her chances of getting anything are little and none.

Edited April 10, 2015 by MaeJoMTB

[Kenny202]

I do believe if for example partners split up and the child had an Australian passport, and let's say the woman met another Australian and moved to Australia with the child with an Australian passport....The father would then be responsible for maintenance of the child under Australian law. Cud be wrong but I believe that is the case

[Kenny202]

Unless she (and/or the child) has lived in Australia, she/child has no right to use the Australian legal system.

Unless married in Thailand it is unlikely she could ever get maintenance from a foreigner.

Even when maintenance is awarded in Thailand (from married partners), it can only be recovered from wages earned and taxed in Thailand.

So her chances of getting anything are little and none.

Are you saying that if I was living in Thailand, with no Thai income maintenance would be not payable or enforceable?

[Kenny202]

Oh & fyi, my advice is constructive, you've already done the family thing, been fleeced a couple of times apparently, so just don't have more kids.

There you go again? How does getting "fleeced" by an individual have anything to do with having a desire to have kids?

You have to just take a leap of faith when it comes to relationships.

You're joking right? Ask a lawyer, or the many thousands of broken individuals who have had their life destroyed, or the many who have taken their life if that is constructive advice? Sadly people and circumstances change. And sometimes a person can be outright cold and mercanary

A having kids, regardless of what you can or cant afford right now, is an expensive hobby with ever increasing costs.

I have 4 kids to my first marriage Boo. I mentioned it. I do have some understanding of the subject. And I did mention also that I raised them alone.

Edited April 10, 2015 by Kenny202

[maidee]

please, get a vasectomy ... than you have to pay nothing, ever

why people insist of making more children why they already think about separation, not paying their dues

already enough thai deadbeat father's, not worthy that title

[sanuk711]

Kenny--your retired, already raised 4 kids ---- do you really want to get caught up in the pram pushing scenario again? You don't mention your age, but if your over 50, do you really want to be a 70--80 odd year old guy standing around while her uni friends ask how old her Granddad is?

I understand the female ---maternal--wanting a child behavior etc.

Just do not get how the retired guys get caught up in it all----unless its just a "Need to Please"...which isn't great in a relationship.

Not flaming you Kenny, I have 3 Oz kids (now adults) have 3 Thai-step girls (all working or now at Uni) & have sponsored a village child up here (Issan) put them through school etc.

[catman20]

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You don't know anything about me nor my intentions. There is nothing wrong with assessing your position before you make a lifetime commitment like this. That is the reason so many do abandon their children, lack of forethought. For your information I brought up 4 kids alone in Australia 8 years old and up.

Marriage has nothing to do with commitment to a child or other person. It is nothing more than a legal contract......one in which one party has all the wealth / assets and everything gained over a lifetime to lose and the other party has zero and everything to gain. Please keep your ill informed judgements to yourself. You do not have a clue

and you want more kids

[BudRight]

These topics always bring out the moralistic dicks with nothing to say but condemnations.

[Mario2008]

Some facts:

- you can protect your assets with a prenuptial. Under Thai law upon divorce you only split what was gained during the marriage anyway, hwat you had before the marriage is left out of it.

- Thai courts normally award child maintenance between 3,000 an 6,000 baht, plus 50% of medical and educational expenses.

- A paternity suit is possible, determining that you are the father and should pay maintenance.

Child maintenance is for the child, the amount should enable the other parent to raise the child properly (with both sides providing money according to their financial position) not just the amount awarded.

My advise would always be to have children in a stable relationship, where you trust each other.

[jerojero]

Way to go! You are protecting you a**, and really committed to your partner. Make sure you leave her destitute when you move on. Hurrah you put one over on her.

[timsims]

Child support is enforceable if you are a Australian citizen and the child is also a Australian citizen by decent
all your partner has to do is apply to the Australian embassy for child abandonment and the Australian IRD will collect
child support on her behalf

[ToddinChonburi]

Why would you ask here and not go talk to a Lawyer ?

[ToddinChonburi]

I wonder how many Farangs have big houses they thought were safe after divorce ? Who is going to buy that house after divorce ?

Prenuptial, ya right . Just know when you split thing most likely will get ugly and no body wins .

Really why do it if you are worried it could end bad.

[Kenny202]

Way to go! You are protecting you a**, and really committed to your partner. Make sure you leave her destitute when you move on. Hurrah you put one over on her.

This is just ludicrous. I am assessing my position before making a life changing decision, one where many could be affected. If it sounds like my intent is to have a child and bail out you have misread my post and you show utter ignorance. I would not have a child "just because" or to make someone happy. I love my wife, am confident in her as much as one person can be but as most of us know people can and do change. Protecting my ass? Of course I am. I would be a fool not to. I am 50 yo and have no plan for future income apart from what I have now....why I asked the question. I know what I can afford to pay should things go pear shaped and now I have the facts I can make an informed decision. Better to do this and be responsible as opposed to blindly deciding "why not". As far as I knew I could have lost potentially half or more of my assets and this wud ruin my life. Again...why people come on here and ask the question.

[Kenny202]

Child support is enforceable if you are a Australian citizen and the child is also a Australian citizen by decent

all your partner has to do is apply to the Australian embassy for child abandonment and the Australian IRD will collect

child support on her behalf

I'm not sure this is correct. I looked into this before and bearing a child with 50% Australian descent in another country doesn't automatically give the child Australian citizenship. Please correct me if I'm wrong

[micmichd]

Believe it or not:

Virginity is a high value for many Thai women, and your gf might survive you.

Edited April 11, 2015 by micmichd

[Kenny202]

I wonder how many Farangs have big houses they thought were safe after divorce ? Who is going to buy that house after divorce ?

Prenuptial, ya right . Just know when you split thing most likely will get ugly and no body wins .

Really why do it if you are worried it could end bad.

I don't know about pre nup. Have had them before and they are pretty much a bluff and can be contested if the other party is willing to shell out the legals. Unlikely here I guess and better than nothing. But as I said no registered marriage so no need for a pre nup. A pre nup does not cover children and no one can sign away the child's right to support.

As for why wud I bother?...I love my wife and consider myself very lucky. We don't have any of the money / family / cultural pressures many have on here and I actually like my extended family. It is something we are only thinking of atm as the next logical step in our relationship.

[mimi9000]

Seems to be a lot of know-it-alls on here, especially the one with the very short name.

Anyway, kenny202, while in Thailand and not married, you have nothing to worry about legally with your child.

Of course, you can do what your conscience dictates, and what the child's mom would allow, if you would ever be in an unexpected bad situation.

If in Australia, your only worry would be if the child's mom came with you and became a legal permanent resident via yourself, and the unexpected

bad situation occurred, then there would be some legal issues in Australia, still not in Thailand. Thailand is not in a position to enforce anything

other than its own proceedings, which it would not have.

[Tarteso]

Not a bad idea to bring more children into this country ... In the near future , Thailand could have a president of Australian blood