Law Offices of David G. Arganian, Seattle, WA

Determinants of Child Support in Thai Divorce

Divorce in Thailand is coupled with many other concerns. These concerns do not only involve the divorcing partners themselves, but their children as well. One issue in divorce which involves children is child support.

Like in many countries, child support is mandatory under Thai law. This is one matter which must be settled before a divorce is granted either administratively or judicially.

Several factors are taken into consideration before the amount of support to be paid is determined, as well as which parent shall pay such support. As regards the children who are to be recipients of the support, the following are the usual considerations:

1) The age of the children. The younger they are, the longer support has to be paid. Parents are expected to support their children until they reach the legal age or are in gainful employment. The legal age in Thailand is 20 years;
2) The health of the children. Children of special health conditions will require heftier financial sustenance;
3) The lifestyle the children have been accustomed to. Children must be spared from experiencing very drastic lifestyle changes which may result in psychological difficulties;
4) Other specific needs. A child who is mentally-challenged will require special education, different from what normal children need.

On the other hand, the following factors determine who among the parents should pay the support. If both shall be adjudged to provide support, these same determinants are used to resolve how much each shall shell out for the children:

1) The present financial capacity of each party;
2) The age of each party;
3) The parties' individual capacity to earn in the future. Considered here would be the education and work experience of each party;
4) The health of each party; and
5) Other issues. These may include other past and future financial responsibilities like loans or mortgages payable by a party.

Arrangements on child support may be drawn as part of a divorce agreement. The divorce agreement may be submitted to the local officer at the time of the uncontested divorce, or to the court in case of a contested divorce.

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