Child Support in Thailand, Legal Rights, Obligations

Q: How does a Thai court decide the amount of child support?

The court considers both parents' income, the child's expenses, and previous lifestyle. There is no fixed formula.

Q: Can child support be changed after it's ordered?

Yes. A parent may apply to the court to increase or reduce child support if circumstances change materially.

Q: What if the paying parent refuses to pay?

The court can enforce payment through legal means such as wage garnishment, asset seizure, or contempt orders.

Child support in Thailand is a legal obligation that applies to both Thai and foreign parents. Whether you are divorcing, separated, or were never married, Thai law requires both parents to contribute financially to the child’s upbringing. This guide explains the rules, how the courts calculate payments, and what you can do if support isn’t being paid.

Child Support in Thailand: Legal Rights and Responsibilities

Under Thai law, both parents have a legal duty to support their children, regardless of whether the parents are married, divorced, or never lived together. This obligation applies to both Thai and foreign nationals residing in Thailand. Child support (Thai: ค่าอุปการเลี้ยงดูบุตร) is enforceable by court order and cannot be waived in a way that deprives the child of their rights.

Legal Basis for Child Support

Section 1564: Parents are legally obligated to maintain their children until they reach adulthood.
Section 1522: When divorcing, parents must agree or let the court decide who will provide child support.
Section 1598/33: Obligations apply even to out-of-wedlock children once paternity is established.

Who Must Pay Child Support?

Both biological parents are obligated to support their children, even if they were never married. In the case of unmarried fathers, child support only becomes enforceable after legal paternity is established through registration or court order.

Child Support Obligations for Foreign Fathers in Thailand

Under Thai law, both parents are obligated to support their child until the age of 20. However, if a child is born out of wedlock, the biological father has no legal responsibility until paternity is established. This can be done in three ways:

Voluntary registration of the father at the Amphur (district office)
Marriage to the mother
A court ruling establishing paternity (legitimation)

Once paternity is recognized, the father is fully liable for child support. The amount is determined by the court, based on the financial ability of the father and the needs of the child. The duty to support cannot be waived by private agreement unless approved by the court.

How Is Child Support Calculated?

There is no fixed formula in Thai law. Courts assess each case based on:

The income and financial status of each parent
The child’s needs (education, health, daily expenses)
The lifestyle the child was accustomed to before separation

Support can be ordered monthly, in lump sums, or linked to specific needs such as school tuition.

Duration of Child Support

Child support usually continues until the child reaches the age of 20 (legal age of majority in Thailand). If the child is disabled or still in education, support may extend beyond this age by court discretion.

Can Child Support Be Enforced or Changed?

Yes. A parent can apply to the court to enforce payment or seek a modification if circumstances change. Courts can order wage garnishment, property seizure, or contempt orders for non-paying parents. Modification is possible if income or needs change substantially.

Enforcing Thai Child-Support Orders Abroad

Illinois gives full effect (2017): In re Parentage of A.H., 2017 IL App (1st) 133703 enrolled a Thai judgment and ordered the U.S.-resident father to pay arrears, holding that comity applies where the Thai court had jurisdiction and due process was satisfied.
Modification & heavy enforcement (2023): In the same matter (1-19-0572 cons., Aug 17 2023), the Illinois Appellate Court upheld orders for US $76 k back support, US $4.5 m prospective trusts, and sanctions, confirming that once a Thai order is recognised, local courts may increase support if the foreign payor’s capacity warrants it.
Comity is the gateway: Illinois courts emphasise that recognition can be refused only for fraud, lack of jurisdiction, or fundamental public-policy clash; nationality or residence abroad is no defence.

Note: even without a Hague treaty or reciprocity list, common-law jurisdictions can and do enforce Thai child-support orders through the doctrine of comity, then treat them like any domestic order for garnishment, trust funding or contempt.

Child Support and Divorce

Child support is often addressed as part of divorce proceedings. Parents may agree on an amount, but the court must approve it. If there is no agreement, the court will determine support based on fairness and the child’s best interests.

Relevant Supreme Court Decisions

Decision No. 1413-2547 (2004): The court ruled that a parent’s obligation to support a disabled adult child extended beyond the age of 20, due to ongoing dependency.
Decision No. 6656-2548: Ordered support after paternity established by court.
Decision No. 3810-2552: Permitted wage garnishment for enforcement.
Decision No. 5123-2556: Declined to reduce obligations based on voluntary unemployment.
Decision No. 3076-2559: Ruled that private agreements must reflect the child's needs and be court-approved.

Frequently Asked Questions

Click a question to reveal the answer.

Can I claim child support if I was never married to the other parent?

Yes, but paternity must be legally established first. Once a man is legally recognized as the father, he has the same child support obligations as any parent under Thai law.

Am I obligated to pay child support after a one-night stand?

No. Under Thai law, there is no obligation to pay child support unless paternity is legally established. This can be done through court legitimation, marriage to the mother, or registration at the district office (Amphur).

What if I am the biological father?

Once paternity is confirmed, you are under Thai law (section Maintenance) fully responsible for child support, regardless of the nature of the relationship with the mother. The courts will calculate support based on your ability to pay and the child's needs.

Warning: False Pregnancy Claims and Scams

There are many documented cases where foreign men are targeted with false pregnancy or child support claims, particularly in relationships with Thai girls working in nightlife or bar environments. When you have left Thailand, some of these girls may attempt to secure ongoing payments or gifts by alleging pregnancy without evidence, or even with fabricated evidence, such as fake ultrasound photos.

Important: You are not legally required to pay anything unless paternity is formally recognized. Request a DNA test and seek legal advice before acknowledging paternity or agreeing to payments. False claims used to extort money may constitute attempted fraud under Thai law and could be subject to criminal penalties; under Section 337 (extortion) or Sections 341–344 (fraud) of the Thai Penal Code, both punishable by imprisonment and fines.

How does a Thai court decide the amount of child support?

The court reviews each parent’s income, the child’s expenses, and the previous standard of living. There is no strict formula, but fairness and the child’s best interests guide the decision.

How long does child support last?

Until the child turns 20, or longer if they are disabled or still dependent due to education. Courts may adjust or extend support on a case-by-case basis.

Can child support be changed after it's ordered?

Yes. Either parent may request a modification from the court if there is a major change in income or the child’s needs. The court must approve the adjustment.

What if the paying parent refuses to pay?

The court can enforce the order through wage garnishment, asset seizure, or penalties for contempt of court. It is a legally enforceable obligation.