Child support in Thailand

[Mario2008]

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Generally speaking, Child Support for an illegitimate Child the Biological Father of the Child is not obligated to pay Child Support in Thailand.

LINK to Siam Legal

http://www.siam-legal.com/legal_services/Child-Support-in-Thailand.php

As the link you provided says: you can get a court order (paternity suit) establishing who the father is and thus must pay child support.

From my LINK it doesn't say that at all.

What is does say that unless the legitimation of the Child is brought to court.

This is a far cry from having the Court Order forcing him to take an DNA Test to see if he is the father or not. Especially if he has moved back to Australia. And Especially since they don't care, as it already made reference to the Biological Father. Meaning it doesn't matter if he the father or not because the child was born out of wedlock, so therefore is illegitimate.

Geeze!

The link doesn't say that (in as many words), but in a paternity suit the judge will determine if a son is indeed the father and if he is he will be entered as such in the registers and as the father of the child must pay child support.

Being born out of wedlock only means that it must be established who the father is, not that the father is not required to pay child support.

[thelovedone]

My personal experience was that i had a child overseas 25 years ago.the mother was not an Australian citizen nor resident (BTW this was not in Thailand,but laws and agreements do change,sometimes retrospectively).Anyway my name went on the birth certificate,but not registered by me through the Australian Embassy.

The relationship went sour.the mother sought and gained a local court order for maintenance.I paid the child suport while i was there ,but was denied access to the child.

Several years later i returned to Australia. The mother then sought an order through the Australian courts as some countries have a reciprical CM agreements with Australia .This was just a matter of her having the CM order rubber stamped in Australia.

I then had to pay the CM through the Child Support Agency in Oz until the child was 18 years old.

If you have a concern about paying child support that it will impact on your future finances or lifesyle,you are obviously putting yourself ahead of the childs needs.If you feel that way, then having another child would be very selfish of you. The reality is it will cost you more to raise a child than to pay child support anyway.So sounds like a lose /lose situation for all.

I had a vasectomy for a few hundred dollars.Avoid the grief and financial hardship and consider the same for yours and your current partners sake.

In my case the child nor mother had Australian citizenship or residence,we were not married only dating at the time.This was also prior to DNA testing.Only required a signed birth certificate by myself to obtain the 18 years of child support.

[GOLDBUGGY]

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I hope some of the new laws to protect women and children will include making any child fathered eligible for support regardless if said child is legitimate or not.

You imply that most Fathers are Dead Beet Fathers who don't care about there Biological Child, so we need more laws to protect there children, when this is not the case most times.

Or are you implying that a One-night-stand with a lose and easy woman, should now turn into a life time financial commitment to the man because he didn't have a condom handy. Putting the sole responsibility of have sex without a possible child on the man, and not the woman, who is the one who will get pregnant if things go wrong?

Do you realize that there is a whole gaggle of women out their today who seek men as good providers and from who there children provides a lifetime meal ticket for them? That very few men get equal rights to this child, including visitation rights, yet get stuck with most, if not all, financial responsibility of this child or children?.

We have enough laws to protect women. What we really need is some laws to protect men against the many Gold Diggers, who are out there, where there only aim is to find a meal ticket and thus to latch on to some man with financial means, so then can steel his hard earned money legally through Child Support and Maintenance Support.

[Kenny202]

As the OP I'm still not sure I have a definitive answer. Some are saying support is payable for a child out of wedlock and others are saying it isn't.

I wish my "wife" would consider adoption. There are so many wonderful kids here who have basically been dumped on the grandparents who don't seem to be interested in them apart from the odd meal and a floor to sleep. We have had 3 people ask us to take over care of their child. It sounds like thais have some sort of stigma to adopting. My wife explained it as because the child will grow up and not support the adopted parents in the future and go seek out the birth parents and support them in their old age. It's seen as a non return investment. Other thing is she says local people wud never understand our motives for taking on another's blood. Shame.

[GOLDBUGGY]

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Generally speaking, Child Support for an illegitimate Child the Biological Father of the Child is not obligated to pay Child Support in Thailand.

LINK to Siam Legal

http://www.siam-legal.com/legal_services/Child-Support-in-Thailand.php

As the link you provided says: you can get a court order (paternity suit) establishing who the father is and thus must pay child support.

From my LINK it doesn't say that at all.

What is does say that unless the legitimation of the Child is brought to court.

This is a far cry from having the Court Order forcing him to take an DNA Test to see if he is the father or not. Especially if he has moved back to Australia. And Especially since they don't care, as it already made reference to the Biological Father. Meaning it doesn't matter if he the father or not because the child was born out of wedlock, so therefore is illegitimate.

Geeze!

The link doesn't say that (in as many words), but in a paternity suit the judge will determine if a son is indeed the father and if he is he will be entered as such in the registers and as the father of the child must pay child support.

Being born out of wedlock only means that it must be established who the father is, not that the father is not required to pay child support.

You are making reference to the Laws of your Land, and not Thailand. Where does it say anywhere on my Link that there is even such a think as a Paternity Suit in Thailand?

What it does say on my LINK for the 3rd time, is that the Biological Father of an illegitimate child, generally doesn't have to pay Child Support. An illegitimate child in Thailand is one who is born to a single parent as the woman is not married at the time of birth.

So since this would be the case for the Op, why would this same court hear a Paternity Suit when they have already decided that this child was born out of wedlock, thus illegitimate, and therefore the Biological Father is not responsible to pay child support? All that would prove is that he is the Biological Father, which they already said they don't care who is.

[GOLDBUGGY]

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As the OP I'm still not sure I have a definitive answer. Some are saying support is payable for a child out of wedlock and others are saying it isn't.

I wish my "wife" would consider adoption. There are so many wonderful kids here who have basically been dumped on the grandparents who don't seem to be interested in them apart from the odd meal and a floor to sleep. We have had 3 people ask us to take over care of their child. It sounds like thais have some sort of stigma to adopting. My wife explained it as because the child will grow up and not support the adopted parents in the future and go seek out the birth parents and support them in their old age. It's seen as a non return investment. Other thing is she says local people wud never understand our motives for taking on another's blood. Shame.

It is because nobody here is a Judge or Jury who will hear your case and make the final decision.

Look! You know already that if you had a child with your G.F. and things went South, and you moved back to Australia, there is a slim chance your G.F. would go after you their. Your odds improve if your name is not on the Birth Certificate and you don't try and get this child an Australian Passport. Under these conditions, there is a slim to no chance any Thai Court would vote in her favor for Child Support from you. So if that is the answer you are seeking then rest assured, under these present conditions, you would be free from Child Support.

But this has raised many questions here as to why you would even have a child. The correct answer would be that it is none of our business and between you and your G.F., but I would venture to say that probably your G.F. wants this more than you do and you want to make her happy. She even has good reasons for this, as she is younger than you, and thus will out live you, and by having a child in Thailand they see this as an advantage in there old age. as children are expected to look after there elderly parents.

So perhaps what she is really looking for is some security in her life after you are gone. A Condo in your name won't work, even if you promise it to her after you are gone, as you could sell it anytime if things go South, and she would still be left with nothing. But a house and perhaps farm land in her name, with your name attached to the Title Deed stating they can never kick you out of their, no matter what, would be better.

Many here would disagree with me in what I just told you. But the one thing almost everyone will agree about is that if you are not ready to make a serious commitment now, you certainly aren't ready to have a child now either.

I to have been down the Marriage Road 2 other times before, and have been paying child support most of my adult life, so I know how you feel. It took me 6 years with my G.F before I felt safe enough to get married again, which so far has been great. But I refuse to have another child again and possibly get dragged back into to paying Child Support ever again.

[Kenny202]

Thanks for Ur detailed reply. Firstly have no intention of moving back to Australia...I do however hold my funds there. I mustn't be making myself clear but just because I want to know my position and have some control over how my hypothetical child support will be spent in no way means I'm non committal or not serious. Consider this and from what I have learnt you wud be stupid to get registered married in Thailand with or without a child. In the case of the child at least you have some control over how the funds are spent ie : if u are going to continue to leave the child with Ur alcoholic brother while Ur in Bkk partying the money stops. I wudnt kid yourself about not pursuing legals (if viable) in another country either. These girls all network and have their own forums, facebook etc and no exactly where they stand. They share lawyer contacts etc. No, her wanting it more than me is not the case. It will be a mutually agreed thing or it won't happen. You are right about security...but not in a financial sense. That is taken care of. She has said that she wants some family around her in her old age. Totally understandable.

Edited April 13, 2015 by Kenny202

[JB300]

There was a thread in one of the Philippine forums where a guy's ex-gf was pregnant but he didn't know whether he was the father & the consensus was that if he was the father, she could apply to the Australian Child Support Agency (Part of the Dept Human Services) who could garnish his wages (or seize assets) to cover child support.

Some debate about whether this was a set percentage (23% of the difference in income) or a fixed amount ($12,000AUS PA was mentioned), but consensus was that the girl could apply from the Philippines & there are agencies that would help her to do so (similar things have happened with other countries, IMHO quite rightly so).

So probably best to plan for the worse case scenario and assume that if you do have a child & the relationship breaks down, you're going to be paying whatever you'd be paying if it were In Aus...

Edited April 13, 2015 by JB300

[GOLDBUGGY]

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Thanks for Ur detailed reply. Firstly have no intention of moving back to Australia...I do however hold my funds there. I mustn't be making myself clear but just because I want to know my position and have some control over how my hypothetical child support will be spent in no way means I'm non committal or not serious. Consider this and from what I have learnt you wud be stupid to get registered married in Thailand with or without a child. In the case of the child at least you have some control over how the funds are spent ie : if u are going to continue to leave the child with Ur alcoholic brother while Ur in Bkk partying the money stops. I wudnt kid yourself about not pursuing legals (if viable) in another country either. These girls all network and have their own forums, facebook etc and no exactly where they stand. They share lawyer contacts etc. No, her wanting it more than me is not the case. It will be a mutually agreed thing or it won't happen. You are right about security...but not in a financial sense. That is taken care of. She has said that she wants some family around her in her old age. Totally understandable.

Your main money is in Australia and yet you say that her Future Financial Security is taken care of now. Is it really? Perhaps you have a Will, which can be changed anytime after the Marriage goes South? A Life Insurance Policy that the Benefactor can also be changed anytime? A Condo in Thailand in your name only, that can be sold by you anytime and you are able to keep all the funds? Money in a bank that she can get a hold of after you die, or until you decide to change that or move the money?

Really! Would you feel secure with this arrangement if the shoe was on the other foot, and it was your GF who had your funds now and in charge of these things? I know I certainly wouldn't be, and nor would you, and nor does she. But if you really have made other arrangements to secure her future I would really like to know how. The reason being that this has been a long time problem for many T.V. Members here, and in how to do this without having to sign everything over to her first, so you would be helping a lot of people here.

You also have some growing up to do and learning about Thai Women and their Families. Not all Thai Women spend their time on Facebook planning their next Divorce and how to get the most from that. Most Thai Women are honest, decent, and fare and make terrific wives, if you treat them well and fare also. Family is very important to a Thai and they remain close to them throughout their life.

Your interpretation on marriage and marriage values comes from your country, where living together and not getting married is no big deal, and not Thailand's interpretation, where it is a big deal. Marriage holds a very high value here, were having a child out of wedlock makes that child illegitimate on the day he is born, even if you claim to be the Biological Father, which should prove that to you.

How long do you feel you can remain in a serious relationship with a Thai Woman and not have to get married? Back home you would probably say forever and probably even know couples who live this way. But how many Thai Couples do you know who live this way? Would zero be close? I will even give you half points if you know a Farang and Thai Woman who have lived this way longer than 5 years. And not based on the fact that one of them can't get a Divorce from someone else, or it would be to dangerous to do so. So they are forced to live this way.

What you don't know is that later there will be a tremendous amount of pressure placed on your GF from Family, to tie the knot with you, or move on.This is mostly because there will be a tremendous amount of pressure and questions put to the Family to do this. Especially if she is from a small town or village, and as most Thai's are. You know how gossip can be. Well it is worst in the village and where your life revolves around all the people their.

After 2 failed marriages, I am really surprise to see you did not learn much from that. Do you really think that you can control your x-wife's behavior after the divorce by holding the purse strings tight? Did it work the last 2 times? Let me tell you something Buddy! If your x-wife chooses to leave your child with and drunken uncle, and go to Bangkok to get drunk with friends, there is &lt;removed&gt; All You can do about it!

Holding money back in this instance will only hurt your child. Even thinking that way, and in how you can get back at your x-wife, for not listened to you and in how she should behave, after she is Divorced from you, tells me a lot. It tells me that you have a lot of growing up to do. Anyone who uses his child, through neglecting him needed finances, to get back at his Divorced Wife, as she refuses to listen to him, is certainly not ready to have another child.

You don't trust the Woman, and after 2 failed marriages, which has cost you dearly both emotionally and financially, nobody could blame you for that. And nobody is! But shouldn't that tell you that you need to build further on your relationship with your G.F. and not to complicate things by having another child now? Because it should!

[Mario2008]

You are making reference to the Laws of your Land, and not Thailand. Where does it say anywhere on my Link that there is even such a think as a Paternity Suit in Thailand?

What it does say on my LINK for the 3rd time, is that the Biological Father of an illegitimate child, generally doesn't have to pay Child Support. An illegitimate child in Thailand is one who is born to a single parent as the woman is not married at the time of birth.

So since this would be the case for the Op, why would this same court hear a Paternity Suit when they have already decided that this child was born out of wedlock, thus illegitimate, and therefore the Biological Father is not responsible to pay child support? All that would prove is that he is the Biological Father, which they already said they don't care who is.

The link you provided gives very short information, I am talking about Thai law:

http://www.thailawonline.com/images/thaicivilcode/book%205%20title%201-3%20thai%20civil%20and%20commercial%20code%20.pdf

In case of being born out of wedlock the father doesn't have to pay until it has been established who the father is. If the father doesn't want to recognize his child a paternity suit can be filed and then the father must pay.

[JB300]

There was a thread in one of the Philippine forums where a guy's ex-gf was pregnant but he didn't know whether he was the father & the consensus was that if he was the father, she could apply to the Australian Child Support Agency (Part of the Dept Human Services) who could garnish his wages (or seize assets) to cover child support.

Some debate about whether this was a set percentage (23% of the difference in income) or a fixed amount ($12,000AUS PA was mentioned), but consensus was that the girl could apply from the Philippines & there are agencies that would help her to do so (similar things have happened with other countries, IMHO quite rightly so).

So probably best to plan for the worse case scenario and assume that if you do have a child & the relationship breaks down, you're going to be paying whatever you'd be paying if it were In Aus...

It looks like the Philippines has a reciprocal agreement with Australia whereas Thailand doesn't http://www.humanservices.gov.au/customer/enablers/child-support/reciprocating-jurisdictions-and-residency-for-child-support... So a Fillipina can claim Child Support from you from the Philippines but a Thai girl cannot claim from Thailand but can claim if she is a resident in Australia (or one of the other countries with reciprocal agreements).

Again, I would assume the worst case scenario of Thailand & Australia agreeing a reciprocal agreement.

[Mario2008]

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