Child support for child in Thailand

[Kenny202]

Been living with my lady for 4 years. Not married and don't plan marriage. We have a child together. My name is on the birth certificate

and he is and Australian citizen by decent to me. I am recognised as his legal father in Australia but in Thailand because we aren't married

I am not the legal father.

 

I am across the process to legitimise through the courts etc so I am not seeking advice on this but would like to know the possible financial 

ramifications of legally legitimising my son.

 

Please don't jump to any moral conclusions re I don't want to be responsible for my sons support or I plan to up and bail. Exactly the opposite.

Should there be issues in the future I don't want to give her or her family a financial incentive to take him. We split for four months a while back.

She had him for 10 days. He got sick (light flu). She didn't know what to do and she returned him to live with me for 4 months. 

She wasn't concerned as she knew he was safe and well cared for with me and she needed to work to support herself.

She loves him and all that but has very poor judgement and should she take care of him alone she would need to leave him with her alcoholic

mother and father while she was at work. She has no transport apart from Songtows and motorcycle taxis and she would put him in harms way.

We are together now and things are ok and I am trying everything possible to hold it all together for the benefit of my son. Im hoping for the best

but unfortunately her unstable history last 2 years I need to plan for any eventuality.

 

So that said, without going into specific details you will have to trust me my intentions are genuine. I am looking for facts here hopefully

from someone that may have first hand experience rather than opinions or moral judgements. Haters move along please.

 

So my question is  by me legitimising myself as the father am I opening myself up to possible support payments in Thailand? If so is this easy for

her to arrange? Other question is could she apply to the Australian government for support? I have been told this is entirely possible. Again not sure

how easy this would be for her to do. Someone suggested to me she would have to practically become an Australian resident and register for centrelink

to do this. Im not sure if this is right or not or maybe she could apply on his behalf as he is an Aussie citizen? I don't think she would have the werewithall 

to instigate any of this stuff herself but there are plenty of farang wife forums around and guess what the general theme of the topics are? How to extract

as much money as possible from your farang other half.

 

Any advice appreciated 

 

 

[mduras01]

Following.


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[khunPer]

I you think of what a Thai Court will normally request in child support from a father, we usually hear the figurs from 3,000 baht to 5,000 baht a month, plus half of school fees. Child support from a father is to my knowledge relative new in Thailand.

 

I presume it's often a question of agreement, and some level of consideration from the father, of what is financially fair for all parts. But there might be (a lot) more to it than just finance, as you also seem to mention in your Opening Post. Unfortunately I have no knowledge of specific questions about Australia, as I originates from the other side of the Globe.

[StevieAus]

As far as benefits from the government they would only be available to your partner if she obtained residency and lived in Australia

In relation to your son both my Thai wife and daughter hold Australian citizenship but we are not entitled to any benefits if we live here

In Australia you don't have to be married to obtain payments from the father of a child in fact there is a government agency that carries out this role they assess the payments to be made and the employer makes the deductions from your pay

I don't know if this agency or even the courts can make orders that apply overseas

( apart from in custody cases)

I also don't see in practice however how the applicant would get them enforced in Thailand

 

 

[sead]

As i understand you are only obliged to pay childsupport if you are married before the childs birth. Even if you agree to sign as the father of the child she cant force you to pay childsupport. 

BUT PLEASE ASK A LAWYER ABOUT THIS.

You should only agree to sign any paper if you intend to have sole custody. If not you can support your child and choose to stop if you notice the money ain't going where they should. But she going for it all so be prepared.

[BEVUP]

Interesting 

The way I see it if you were in Auss they would have your nuts

OK the biggest factor here is is your wife dealing with the Embassy & ect / also would need a competent lawyer as there would be mountains of paper work

Then you would have the feminist group after you telling you how to run your life

So you seem determined to legitimize the child in Thailand (I would think this will be your down fall )

Just go with what you have as you have already made your child a Auss Citz & recognized as the legal father in Auss

If you need a Lawyer CERTAINLY do not use one from Auss as they will also be advising the other half 

There may also be the problem on the Residency side of things as for them not being able to recieve payments

 

 

 

 

[StevieAus]

10 hours ago, BEVUP said:

Interesting 

The way I see it if you were in Auss they would have your nuts

OK the biggest factor here is is your wife dealing with the Embassy & ect / also would need a competent lawyer as there would be mountains of paper work

Then you would have the feminist group after you telling you how to run your life

So you seem determined to legitimize the child in Thailand (I would think this will be your down fall )

Just go with what you have as you have already made your child a Auss Citz & recognized as the legal father in Auss

If you need a Lawyer CERTAINLY do not use one from Auss as they will also be advising the other half 

There may also be the problem on the Residency side of things as for them not being able to recieve payments

 

 

 

 

Where does that statement come from about a lawyer in Aus who would be advising the other half

Any lawyers I know in Australia and I know plenty would not represent both parties and certainly not in a Family Law matter

[Kenny202]

Where does that statement come from about a lawyer in Aus who would be advising the other half
Any lawyers I know in Australia and I know plenty would not represent both parties and certainly not in a Family Law matter

I'm sure everyone would know this. It's the same in Thailand

Sent from my SM-N9005 using Thailand Forum - Thaivisa mobile app

[BEVUP]

26 minutes ago, Kenny202 said:

I'm sure everyone would know this. It's the same in Thailand

Sent from my SM-N9005 using Thailand Forum - Thaivisa mobile app
 

Ok maybe not in a family court, but lets say jesting to the other party, as i stood in an Auss court in disbelief where my lawyer jested that the woman was able to access funds locked up for a childs education whilst this was suppose to be a civil debt matter

[MikeyIdea]

On 23/06/2017 at 2:46 AM, sead said:

As i understand you are only obliged to pay childsupport if you are married before the childs birth. Even if you agree to sign as the father of the child she cant force you to pay childsupport. 

BUT PLEASE ASK A LAWYER ABOUT THIS.

You should only agree to sign any paper if you intend to have sole custody. If not you can support your child and choose to stop if you notice the money ain't going where they should. But she going for it all so be prepared.

No, that is not correct. Marriage has nothing to do with child support or not, being recognised as father does and you can be that with or without marriage

 

The mother gets sole custody automatically if the mother and father are not married In most countries in the world (including what we call western countries). The difference is that there normally is an automatic process that gives the father and mother shared custody a few days after birth in western countries while it is manual in Thailand. Thai law and the law in many other Asian countries is written that way specifically to protect the child and it is a good thing

 

So what does this mean? It means that an unmarried father has neither rights nor responsibilities, he has no right to see his child unless the mother allows him (regardless of the fathers name on the useless birth certificate) and he has then of course no obligation to pay even one single baht for his child if he doesn't want to 

 

If a mother wants to ensure money, then she'll have to demand that the father legally recognises his child and this will give the father both responsibilities and rights. Amphur: Both mother, father and child must agree, hence the 7 year age limit. Court: Any time

 

If mother and father live together and both want the father to be legitimised, then there is no money decided at all in court. If they have separated and father wants to be legitimised (the most common case) then he'll have to pay some money, should be perhaps 4,000 up to 7-8,000 baht per month and he will get time with the child if he wants it unless there are very strong reasons. He also have the right to demand that only legal guardians take care of the child => mother must take care entirely herself her time or give to father and father must take care entirely himself his time or give to mother.

On 22/06/2017 at 1:34 AM, Kenny202 said:

We are together now and things are ok and I am trying everything possible to hold it all together for the benefit of my son. Im hoping for the best

but unfortunately her unstable history last 2 years I need to plan for any eventuality.

That is perfect. So be nice and give her a nice lumpsum if she supports legitimisation as partners (=both ask for legitimisation in court) but make very clear that you will absolutely not accept to marry under any circumstances (as the court surely will ask why don't you marry and rather will want you to do that... :) ). 

 

There should be no money (as you're still together), there should be no custody battle (as you both live together). But that is up to if the mother accepts to be nice and say the right things. Forgot: Half before and half after of course

 

On 22/06/2017 at 1:34 AM, Kenny202 said:

Other question is could she apply to the Australian government for support? I have been told this is entirely possible. Again not sure

how easy this would be for her to do. Someone suggested to me she would have to practically become an Australian resident and register for centrelink

to do this. Im not sure if this is right or not or maybe she could apply on his behalf as he is an Aussie citizen?

Can't say for sure about Australia but that got to be a very very long shot. My daughter is half Thai / half Swedish born in Thailand with Swedish citizenship, we have shared custody in Thailand but the Thai mother has sole custody of her in Sweden regardless of if she ever has set her foot in Sweden or not. Because citizenship and custody are 2 different things. Did you apply for custody of your child in Australia? 

 

On 22/06/2017 at 1:34 AM, Kenny202 said:

She has no transport apart from Songtows and motorcycle taxis and she would put him in harms way.

Sontgtows and motor cycle taxis or not means nothing in Thailand, here it is just normal

 

On 22/06/2017 at 1:34 AM, Kenny202 said:

t there are plenty of farang wife forums around and guess what the general theme of the topics are? How to extract

as much money as possible from your farang other half

And the solution is to not trust your Thai lawyer, be the leader (don't expect your Thai lawyer to fight well for you if you are not), be nice, be hard, be fair and most of all, don't be afraid of the Thai Juvenile system at all - it is fair but as with most things in Asia, the weak will lose out (monetarily) to the strong = and women are often stronger than men, read Thai women and western men  

 

Should be quite easy this one

 

Michael

Edited June 26, 2017 by MikeyIdea