5123-2556

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Glossaries

Term Definition
5123-2556
A parent who voluntarily reduces income cannot use it to lower child-support obligations. Thai courts apply earning capacity under section 1564 civil code to protect the child’s needs.

Decision 5123/2556 (2013): Voluntary Income Drop ≠ Lower Support

The foreign father quit a lucrative overseas post and petitioned to cut his child-support payments in half. The Supreme Court refused, finding the income reduction voluntary. Courts will impute earning capacity and keep the original order intact when parent is intentionally under-employed.

Practical impact

  • Parents cannot game the system by self-inflicted pay cuts.
  • Modification requires bona-fide financial hardship, not lifestyle choices.
  • Supports consistent child-centred interpretation of section 1564 civil code.

Thai child-support orders →