Child support in Thailand is a statutory obligation focused on the child’s maintenance, education and health. The system combines clear legal duties in the Civil and Commercial Code with discretionary court practice: there is no fixed global formula, and outcomes depend on the child’s needs, the parents’ means, the family’s standard of living, and whether the parties reach an agreed arrangement. This guide explains who can claim support, what expenses are covered, how courts calculate and modify support, enforcement tools available domestically and internationally, and practical steps for parents pursuing or defending claims.
Legal basis and standing to claim
Under Thai law, parents owe an ongoing duty to maintain their children. The Civil and Commercial Code establishes parental obligations; the Family Court Act and customary family-law procedure govern petitions and enforcement. Either parent (usually the custodial parent) may bring a support claim on behalf of a minor child. If a child is born out of wedlock, the father’s legal obligation typically depends on paternity having been acknowledged or legally established. Guardians, the state (through social-welfare agencies) or third parties with legal standing may also initiate preservation actions in certain circumstances to protect the child’s immediate needs.
What “support” typically covers
Courts consider a broad definition of maintenance that normally includes:
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Basic living costs: food, housing, clothing and daily household needs.
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Education costs: school fees, uniforms, textbooks, tutoring and, where appropriate, university expenses.
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Healthcare: routine medical costs, insurance and extraordinary medical treatment.
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Reasonable extras associated with the child’s customary standard of living: transport to school, extracurricular activities, and modest vacations where appropriate.
Thai courts take a holistic view: the child’s habitual standard of living—before separation or divorce—often informs the appropriate level of support.
How amounts are determined (the discretionary approach)
There is no statutory percentage of income or bright-line rule for calculating support. Instead, judges exercise discretion based on a facts-based inquiry that typically includes:
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The child’s actual needs and current standard of living.
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The custodial parent’s reasonable monthly expenses for the child.
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The paying parent’s income, assets and legitimate living costs.
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The number of children and any special needs (disability, chronic illness, extraordinary education).
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Any contributory fault or existing obligations (other dependents, maintenance obligations to a new spouse).
Practical proof matters: applicants should submit itemized budgets, bank statements, pay slips, tax returns and invoices for school and medical expenses. Courts commonly ask for documentary support (invoices, receipts, employment certificates) to justify claimed amounts.
Process routes: agreement, district office settlement, or court order
Parents often settle support by private agreement and, in divorce cases, register the arrangement at a district office as part of a mutual divorce. Where parties cannot agree, the custodial parent petitions the Family Court or civil courts for an order. Court procedure involves pleadings, disclosure of financial evidence and hearings. The court will then issue a reasoned order specifying payment amount, frequency (monthly is common), and responsibility for special or extraordinary expenses.
Agreed schedules remain enforceable if properly documented and registered; they also reduce future disputes and enforcement costs.
Duration and modification of orders
Child support generally continues until the child reaches the age of majority (age 20 under Thai law) or becomes self-supporting. Courts may extend obligations for legitimate post-majority needs (e.g., university studies or ongoing disabilities). Either party can ask the court to modify an order on a material change of circumstances—loss of income, remarriage, or a significant change in the child’s needs. The petitioner must show the change is material and enduring, not merely temporary.
Enforcement mechanisms in Thailand
Thai courts and enforcement agencies provide multiple mechanisms to compel payment:
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Wage garnishment: direct deduction from the payer’s salary via employer orders.
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Attachment and seizure: freezing or seizure of bank accounts and movable assets through court execution.
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Civil execution: sale of seized goods by public auction to satisfy arrears.
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Administrative measures: where statutory mechanisms allow, fines or contempt sanctions for willful refusal to comply.
Regular non-payment can lead to significant arrears and practical hardship for the child. Courts may also order lump-sum payment for back maintenance or require security (guarantees) where the payer’s solvency is in doubt.
Cross-border enforcement and international cases
International enforcement of Thai support orders depends on bilateral treaties, multilateral instruments and domestic procedures in the state where the payer resides. Thailand participates in certain international frameworks, but cross-border recovery commonly requires two steps: (1) obtain a Thai court judgment or certified maintenance order, and (2) use local enforcement channels in the foreign jurisdiction (recognition of judgment, registration procedures, or local enforcement through the foreign parent’s authorities). Where both states are parties to international conventions on maintenance, processes can be simplified via central authorities; otherwise, foreign enforcement often requires local counsel and can be time-consuming.
Children born out of wedlock and legitimation
If parents are unmarried, the mother has primary parental rights; the father’s duty of support becomes enforceable once paternity is legally established—either by voluntary acknowledgment at the district office or by judicial determination. Establishing paternity may require civil registration steps or, where contested, DNA evidence and legal proceedings before the court. Only after legal parental status is recognized can standard support orders be sought against the father.
Practical evidence and litigation strategy
Successful petitions are evidence-driven:
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Compile detailed monthly expense schedules and attach supporting invoices.
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Produce the payer’s income documentation (pay slips, tax returns, business accounts).
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Keep records of prior payments and any informal agreements.
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Document communication attempts (formal notices, bank deposit records) to support enforcement claims.
If the payer has variable income (self-employed or commission-based), tax filings and bank statements are crucial to demonstrate sustainable ability to pay. For cross-border cases, gather proof of the payer’s assets and employment locations early.
Alternative dispute resolution and mediation
Thai courts encourage mediation and conciliation in family matters; mediation can produce flexible, enforceable arrangements that factor in both parents’ resources and the child’s interests. Family-law mediation reduces cost and preserves cooperative parenting relationships, and many judges require evidence of attempted reconciliation or mediation before proceeding to full trial.
Practical tips for parents
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Try to reach a written agreement and register it — it’s faster and easier to enforce.
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Prepare a realistic, itemized budget and support it with receipts and invoices.
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If paternity is disputed, pursue legal recognition promptly to unlock support remedies.
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For enforcement, act quickly: obtain a court order and use wage garnishment when possible.
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In cross-border situations, retain both Thai counsel and local counsel in the payer’s residence country early.
Conclusion
Thailand’s child-support system is child-centered, evidence-based and discretionary. Because courts do not rely on rigid percentage formulas, good documentation and a strategic approach—private settlement where possible, robust proof when not—are essential. For cross-border or complex financial situations, early specialist advice and coordinated action across jurisdictions materially improve the chances of obtaining timely, consistent financial support for the child.