Decision 2971/2544 (2001):
Joint Parental Power by Default & Court-Set Child Support

The Supreme Court held that when the divorce agreement attached to the registration does not clearly assign parental power, the default is joint parental power under section 1566. The Court also clarified section 1522: if the agreement does not specify a child-support amount, the court may fix it and can order payment for arrears where a parent failed to contribute after the divorce.

Practical impact

• Don’t leave custody vague: if parental power isn’t expressly assigned, it remains joint by default (section 1566).
• State support clearly: if no amount is written, the court can set the child-support amount under section 1522 and award retroactive sums where appropriate.
• Support duty survives divorce: parents remain obliged to maintain minor children even after registration of divorce (section 1564 principle applied).

See also: Child Support in Thailand →