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Posted

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

This only applies to a child which you yourself have made a citizen of your county though your embassy and holds a passport

and citizenship documents of your country

Posted

Kenny, as a Father who also raised 4 children alone from the ages of 3 -11, I find your opening post quite contradictory.

I have no intention of shirking responsibilities later on

Then you go on to say

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?

So, what you mean is you want to be responsible, but also want to limit the financial responsibility to your child if it goes pear shaped.

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.

You've just answered your own question!

Sorry, but it comes across as what about Me, Me, Me and not the Mother and Child. That's a selfish attitude.

There are ways to protect your finances, mostly common sense, but if you are concerned about maintenance of a child that you made a responsible decision to bring into this world, then you shouldn't proceed unless your prepared to meet the financial support of that child, regardless of your status with the mother.

That would be an irresponsible decision.

My girlfriend has 2 children to a Thai man who refused to legally marry (village marriage). He also spoke about responsibility, then vanished into thin air.

I help her to financially support her children. That was a responsible decision I made when we got together. If it goes pair shaped, I can walk away without any regrets or guilt.

If you have any doubts Kenny, either financially or otherwise then I wouldn't proceed. Having a child is a big responsibility for the next 20 years.

Posted (edited)

I was surprised at how self centered your post came across with words like.... "Will this compromise me in anyway?".... Would you blame a person for picking it up that way. Most of us are used to hearing how devoted parents are when it comes to their children. I myself am forever in awe of people who devote their whole lives taking care of sick and handicapped children, or stories of people going to great lengths and expense to either have or adopt children of their own. I do understand though that you are possible just being very responsible and checking if you can afford a child under all circumstances and for that you must be commended. I myself had six children and to be very honest, I wish I had a more responsible attitude about parenthood when I was a young man.

Edited by dotpoom
  • Like 1
Posted

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?

Payable, but not enforceable.

Thai guys that don't want to pay tend to just leave their job and work cash in hand.

Posted

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

Thai lawyers know very little about Thai law and nothing about Australian law.

Posted

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.

Really appreciate Ur effort thanks

Posted
Kenny, as a Father who also raised 4 children alone from the ages of 3 -11, I find your opening post quite contradictory.

So, what you mean is you want to be responsible, but also want to limit the financial responsibility to your child if it goes pear shaped.

No I mean I don't want to be at the mercy of someone claiming 20-30k baht a month with no control over what goes in support of the child's welfare. I did not say anywhere I was not going to support my child. Was that not clear? How do you assume so much?

  • Like 1
Posted

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.

  • Like 1
Posted

555

oh, the nerve of some posters in this thread, LOL.

Kenny, you should have posed as a woman to get competent and friendly answers.

Posted

Your just as bad as the rest of the low life's don't want marriage but want a child! Its called having a bastard fella! Want all the luxury of house, woman, child, but not willing to go all the way with marriage. Doesn't want to commit 100% to the woman he loves, Physically but not mentally?

Go back to Auzzie land and leave the Thai woman alone. They want full commitment and not a part-time honey bun. What? you want a child with a Thai and don't want to support it? Why even ask the question if your going to skip town when you get tired of changing diapers, waking up four in the morning when the babys crying. This is called commitment, and the first step is Marriage. Thats all we really need in Thailand, another fatherless child, like we haven't got enough here already. And your 50 years old?

When the child is 15 your 65. Are you going to teach him how to catch a baseball how to be a man and be a responsible person unlike yourself? And when he is 20 and your 70 are you going to still be around? This is plain stupid on your part. I get the picture, an irresponsible person been married before, and got burnt. Looking for another way of all the luxuries but none of the responsibilities. What to be a sperm downer, without a commitment. Good luck. Should have no problems with a GF that has no decency, or is so low on the aptitude scale working in a bar, she doesn't know jack anyway.

Posted

Can you accept to loose the baby to her in case you go seperate ways. She knows already that you are a responsible father by taking care of your childs alone. Thaigirls are masterminds when it comes to suck money from you while using your baby as threat. Beware!!

Posted (edited)

When the child is 15 your 65. Are you going to teach him how to catch a baseball how to be a man and be a responsible person unlike yourself? And when he is 20 and your 70 are you going to still be around? This is plain stupid on your part. I get the picture, an irresponsible person been married before, and got burnt. Looking for another way of all the luxuries but none of the responsibilities. What to be a sperm downer, without a commitment. Good luck. Should have no problems with a GF that has no decency, or is so low on the aptitude scale working in a bar, she doesn't know jack anyway.

Most of the Thai girls seem to provide for their children without the biological Thai father contributing.

Don't see why a foreigner father should be treated any different (not your country, not your problem).

Edited by MaeJoMTB
Posted

I have read some horror stories involving foreigners who fathered children in Thailand so, maybe, they do have some laws but, if they do, it doesn't apply to the typical Thai male, much like African males, who father numerous children , offer no support and in some case, have never even seen their children ! I support 2 Thai youngsters who don't know who is their father and he LIVES IN THE SAME TOWN !

Posted

I see nothing wrong with him asking for advice. Im doing exactly same. Already told my gf now together 18 months. Im not interested in marriage and want to protect my self because the laws in thailand sucks. What she does with the money i give her i dont care. I give her a chance to choose to spend as a bargirl or save as a smart girl. If she dont like my rules she can leave. Harsh? Well for me its more harsh to give 10 years of your life, to a thaigirl that knows the rules and where the government benefits their citizen only. And leave you dry as sahara.

Posted

I see nothing wrong with him asking for advice. Im doing exactly same. Already told my gf now together 18 months. Im not interested in marriage and want to protect my self because the laws in thailand sucks. What she does with the money i give her i dont care. I give her a chance to choose to spend as a bargirl or save as a smart girl. If she dont like my rules she can leave. Harsh? Well for me its more harsh to give 10 years of your life, to a thaigirl that knows the rules and where the government benefits their citizen only. And leave you dry as sahara.

You can take the girl out of the bar, but you can't take the bar out of the girl. Run out of money, and the old rule still applies, "No money, no Honey"..........

Posted

There are reasons to marry as well as there are reasons not to marry (yet). This is different for everyone and we should not judge others for their choice if different from our own path.

We are not married (yet) because of business reasons, nevertheless we are more then 5 years happy together and we have a child that carries my family name.

So my name is in the birth certificate but as a non-Thai father that has only limited value. We filed at the Family Court to become the legal father/guardian, with full documentation including a supporting DNA test from the number one laboratory in Thailand.

After 2 sessions in Court, filing, hearing (bring interpreter), pick up documents.

Then the visa process is based on a legal guardian situation with various scenarios (semi-permanent and permanent).

Additional options:

Get legal translation English/Thai of guardian paper and validate in Australian Embassy, we did this for European Community process.

Go to Thai Foreign Ministry and validate these documents.

Get Thai passport for the child (needed if international travel, leaving Thailand/ASEAN).

Get additional Australian (in our case EC) passport for the child and register the child also in your home country/city.

The child will have then all the perks for ASEAN and global travel as well as study options in various countries later in life.

It's a long administrative road, and it will cost some money, but it is worth it, as it gives clarity to all, especially for the child.

Good luck!

Posted

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

Why you ask " 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?" If you want to care of your child?

Posted

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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.

Well that is not exactly correct.

International Law makes it very possible to be forced to pay Child Support regardless of the country you or your Child live in. If his G.F were to get a Court Order in Thailand for Child Support she could proceed to enforce this claim in Australia. Many countries have a Treaty regarding this, which I am almost positive that Australia is party to, as is Canada, the USA, and the UK.

The stumbling block for her would be getting a Court Order. If the child is born out of wedlock, this would make the child illegitimate. Under Thai Family Law the Biological Father of an illegitimate child is generally not required to pay Child Support. So getting a Court Order to do so would be difficult.

Having said that, if the Op were to proceed to get an Australian Passport for this child, he must make a Sworn Statement that this Child is in fact his, and in some cases DNA Testing may be required to get this passport. Thus it would be difficult, if not impossible, to declare later that this child is not his, or his responsibility.

Posted

Child support in Thailand shouldn't be much money. If the child gets to Australia and you have money there, then why wouldn't a prudent mother take you to an Australian court and get more child support than she would get in thailand?

Posted

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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!

Posted

How long do you think Right will allow Wrong to cause needless suffering. If you man enough to make a child then be man enough to care for the child properly. Unless of course you are trying to emulate your father.

No man makes a child,

Her body, her choice (as they like to tell us).

Posted

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.

I would like new laws to stop unscrupulous women fleecing gullible men.

One of today's many problems is men betraying other men.

  • Like 2

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