Yes, Thailand has child support. Under section 1564 of the Civil and Commercial Code, both parents must support and educate their child during minority, and longer if an adult child is disabled and cannot earn a living. At divorce, parents agree the amount, or the court sets it.
Does Thailand have child support, and who pays it?
The duty belongs to both parents, not only the one who leaves the home. It exists whether the parents are Thai or foreign, and it does not end because a parent moves abroad.
In a consent divorce, section 1522 requires the divorce agreement to state how much each parent, or one of them, will pay. If the agreement is silent, or the divorce is by court judgment, the court fixes the amount.
One point catches many foreign fathers: if the parents never married, the father must first be the child's legal father, for example through legitimation registration or a court judgment, before support can be claimed through those rules.
How do Thai courts decide how much child support?
There is no formula or fixed percentage in Thai law. Section 1598/38 lets the court award what it thinks fit, considering the payer's ability to pay, the child's position, and the circumstances of the case.
| What the court looks at | Evidence that helps |
|---|---|
| The paying parent's real income and assets | Payslips, tax returns, business records, past transfers |
| The child's actual needs | School fees, medical bills, childcare, transport costs |
| The child's standard of living before separation | Housing, school type, regular activities |
| The caring parent's own income | Payslips and expenses, since the duty is shared |
Courts do not require equal shares from each parent. A parent with a much higher income can be ordered to pay more.
Until what age is child support paid?
The main duty lasts during minority. A person comes of age at 20 under section 19, or earlier on a lawful marriage under section 20; the minimum marriage age is now 18.
Section 1564 extends the duty beyond 20 if the child is disabled and cannot earn a living. University costs after 20 are not automatically covered, but parents can agree in writing to pay them.
Can the amount be changed later?
Yes. Under section 1598/39, if a party's circumstances, income or financial position changes, the court can increase, reduce, cancel or reinstate support.
Typical triggers include a change of school, a serious illness, a job loss or the child moving to live with the other parent. Keep paying the existing amount until the court changes it.
How is child support enforced in Thailand?
A court judgment can be enforced through the execution process: assets in Thailand can be seized, and salary or other regular income paid in Thailand can be attached, with the payer's employer paying the attached amount through the execution system.
An agreement registered with the divorce at a district office is different. It is a binding contract, not a judgment, so if the other parent stops paying you first sue on the agreement and then enforce the judgment.
By contrast, a settlement made in court produces a judgment by compromise under section 138 of the Civil Procedure Code, which can be enforced like any other final judgment.
If you settle child support while a court case is pending, have the terms recorded as a court compromise. It can be enforced directly, without a second lawsuit.
Do not leave arrears to build up. Under section 193/33, arrears of maintenance fall under a five-year limitation period.
What if the paying parent lives abroad?
A Thai judgment is fully enforceable against assets and income in Thailand. It is not automatically enforceable abroad; most countries require local proceedings, using the Thai judgment as evidence.
Thailand is not a party to the 2007 Hague Child Support Convention, so there is no central-authority channel to collect payments through. Practical safeguards include:
- Paying school fees directly to the school
- Agreeing the currency, exchange rate basis and transfer costs in writing
- A lump sum in advance or security over an asset in Thailand
- Records of every payment received and missed
Custody arrangements for a foreign parent are covered in Child Custody in Thailand After Divorce: Guide for Foreigners.
Frequently asked questions
Can parents agree that no child support will be paid?
Be very careful. Section 1598/41 says the right to receive maintenance cannot be waived or transferred, and it belongs to the child. An agreement between parents may not stop a later claim.
Is child support paid monthly or as a lump sum?
Under section 1598/40, the default is periodic payments of money. Parents can agree otherwise, and for special reasons the court can order a different method, such as paying school fees directly.
Can I claim child support for past months?
Claims for past periods are possible in some situations, but they depend on the facts and on limitation rules. Ask a lawyer before arrears grow old.
Does child support depend on who has custody?
Both parents owe support whoever has parental power. In practice, the parent the child lives with contributes through daily care, and the other parent usually pays money.
What should you do next?
Make a monthly budget for your child with receipts, and gather whatever you know about the other parent's income in Thailand and abroad. Those two documents shape any agreement or claim.
A Thai family lawyer can help you set a figure a court is likely to accept and decide whether a district-office agreement or a court order gives your child better protection. For the divorce routes themselves, see Divorce in Thailand for Foreigners.
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