51/29-51-30 Village No. 4, Ban Suan Subdistrict, Mueang District, Chonburi Province
What is child support?
Normally, fathers and mothers have a duty to provide care and education to their minor children. From the time the child is born until the child reaches legal age (P.C. 1564)
In the case where the other father or mother Refusing to send or provide support and care for minor children according to their duties.
Forcing parents to provide child support and education to minor children cannot be done by nature.
So what can be done is to call “child support” or what the law calls it. Foster care Take it from parents who refuse to fulfill their duties. (P.P.1958/38)
Today I have collected frequently asked questions and answers. In filing a lawsuit to claim Child support To provide information for those interested.
Who has the authority to sue? Child support ?
Legal matters
Civil and Commercial Code
Section 1562 No one may sue his or her parents in a civil or criminal case. But when that person or a close relative of that person requests The prosecutor may raise the case for adjudication.
Section 1565 Requesting child maintenance or requesting that the child be supported and looked after by other means In addition to the prosecutor taking the case for admonition under Section 1562, the father or mother may bring the case for admonition.
Description
In the case of a legitimate child suing his father-mother. Children do not have the right to sue for child support directly from their parents. Because the law prohibits children from filing lawsuits against their parents (Uthlum case)
คดีอุทลุม คืออะไร ? คำอธิบายเรื่องอุทลุม ตาม ประมวลกฎหมายแพ่งและพาณิช มาตรา1562 ฉบับครบถ้วนสมบูรณ์
Therefore, filing a lawsuit for child support. Must request the prosecutor to file a case on their behalf. Or it may be that the other parent is taking care of the child. A lawsuit can be filed against parents who refuse to provide support and support.
Nowadays it is more popular to use the method of having the father or mother who is taking care of the child be the one to file the lawsuit rather than asking the prosecutor to be the one to file the lawsuit. Because it is more convenient and faster.
But in the case where an illegitimate child sues the father for recognition of the child or for acknowledgment of the child. along with demanding child support as well The law specifically lays down the principle that child certification Allow the child to file a lawsuit against his father without it being a serious case.
Therefore, the claim for child support That is done along with the petition to have the child certified. It’s related. Therefore it is not a Uthlum case either. (K.2268 /2533)
Summary
Suiting a lawsuit to collect Child support payments should, in principle, be filed by the father or mother who is the party raising the child. It is most convenient.
Wife not registered marriage/illegitimate child Can I sue to collect child support from the father? ?
In the case where a husband and wife do not register their marriage, the child is considered to be the legitimate child of the mother alone. Not considered to be the father’s legitimate child.
In order for a father to be considered the legal father, he must go through the child registration process. or the court adjudged him to be a child or the parents later registered the marriage Read more in the article below.
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Suing the father who is illegitimate to pay child support. The plaintiff can sue for child certification at the same time in the same case for speed. There is no need to file for child support first and then file for child support later (K.1998/2519< span style="font-weight: 400;">)
Summary
Even if you are not a legitimate child. The parents did not register their marriage. You can sue to collect child support from the father. By filing a lawsuit to claim child support at the same time as filing a lawsuit to recognize the child as the same case.
What is the filing process like? ?
This type of case must be filed in the Juvenile and Family Court. You may file a lawsuit yourself. You can have court officials help with the process. Or you can have a lawyer file the lawsuit for you.
However, practice highly recommends that It is best to let a lawyer take the case.
ThGenerally, this type of case is not very complicated. Once you have signed a contract to hire a lawyer to file a lawsuit. It will take no more than 7 days to prepare the complaint. The lawyer can then file the complaint.
After the lawyer has filed the lawsuit. The court will make an initial court appearance for mediation approximately 2 months from the date the lawsuit was filed.
Before the appointed day to go to court. The lawyer will make an appointment with the probation officer. To make an appointment with the father or mother The caretaker of the minor child and the minor have to give evidence to the probation center.
Usually, cases regarding child support payments, as far as I’ve worked, are estimated to be more than 90%, usually ending in mediation in the first or second meeting, rarely. Is there any case that will go to the point of having to examine witnesses against each other?
Because normally, if I were the plaintiff, I would try to tell the plaintiff to demand money at an appropriate and reasonable rate and not demand too much.
If it was the defendant’s side, I would try to talk to them about sending the alimony money to the plaintiff’s side as appropriate. They should not think about fighting the case or they would not pay. After all, he is our child.
Therefore, in this type of case, there is usually not much of a protracted legal battle. However, if the conversation cannot be completed, the witness investigation process will continue. You can read more about the civil litigation process in this article.
How long does it take?
As previously mentioned, child support cases can often be settled. In particular, more than 90% of the cases I work on usually end in mediation.
So, on average, in this type of case, I can usually finish it in about 2 to 4 months because negotiations are usually finished in the first or second meeting.
But if both sides cannot agree Fighting the case from the beginning until the case is reached It will take approximately 6 months – 2 years, depending on the case.
How many times do I have to go to court?
Normally, to find a case that can be settled, you will have to travel approximately 2 times. The first time is to go to the probation center and the second time is to go to court.
But if an agreement cannot be reached You must go to court to examine witnesses to fight the case, which may take approximately 3-4 times in total from the beginning to the end of the case.
Child support How much can you call? ?
For child support, the law does not lay down fixed criteria as to how much the figure must be set.
It is fair for the court to determine child support by taking into account the financial status and income of the parents and children. Actual and necessary expenses of parents and children.
Which will vary according to age and educational level. The condition of society whether it is in the city or the countryside. and other circumstances of the case put together
( For example: ฎ.1393/2495 , ฎ.303/2488 , ฎ.3596/2546 , ฎ.1605/2534 , ฎ.5554/2531 , ฎ.4141/2535 , ฎ.9017/2538)
In summary, the criteria for considering the amount of child support. In brief, it is
- Status, occupation, income, and abilities of the defendant
- Status, occupation, income of the father or mother who is the one who supports and cares for the minor child
- Occupation status and income of minor children
- Necessities for daily living, education appropriate to one’s status
Normally, the lowest amount seen would be around 5,000 baht in cases where the defendant is a day-and-night employee. Or the maximum that can be seen may be 70,000 baht in the case that the defendant is a foreigner and has a large amount of income. The defendant is a foreigner or an executive with a large income.
In addition to paying child support, The court may require that the child be given support. Provide care in any way other than what the parties agree on. or other than as requested by either party.
For example, to be placed in an educational or professional institution. By allowing the parents who are responsible for paying the maintenance fees to pay for this expense. or allowing the minor to be a beneficiary in his father’s business Or have parents save a certain amount of money in their child’s account.
The scope of this law is broad and very interesting in practice. This part is an interesting new law. that lawyers and courts should apply as appropriate to the case in order to provide the greatest benefit to minors.
(Civil and Commercial Code Section 1598/38 Section 1598/39 Section 1598/40 )
How old can you claim child support payments until the child is old? ?
Legal matters
Civil and Commercial Code, Section 1564 Parents are required to support, care for, and provide appropriate education to their children while they are minors.
Parents are required to support and care for children who have reached the age of majority, but only those who are disabled and cannot provide for themselves.
Description
Child support can be claimed until the minor child reaches the age of majority. A minor will reach legal age only after reaching the age of 20 years or may reach legal age before then. If there is no legal marriage registration
Except for children who are of legal age. Disabled and unable to provide for oneself, such as being disabled or having a mental disorder As such, parents have a duty to continue providing support and care to their children until the children are free from such symptoms. or the death of one of the parties.
However, at present, having parents pay respects until the age of 20 may not be enough according to the actual situation.
Because normally nowadays almost every child wants to study until at least completing a bachelor’s degree. Therefore, in a lawsuit for child support, it may be possible to reach an agreement to support the minor child until he or she graduates with a bachelor’s degree.
Can I claim child support as a one-time lump sum? ?
Legal matters
Section 1598/40 The maintenance fees shall be paid in money by payment method. Occasionally as scheduled unless the parties agree to pay otherwise. If there is no agreementandthere are special circumstances. When either party requests and the court deems it appropriate to determine the maintenance of something else or by other means, whether it be paid in money or not.
Description
Generally, for child support, the court will determine child support on a periodic basis, such as every month, every three months, or every year, depending on what is appropriate and consistent with Income of the parents who are responsible for paying maintenance.
Unless the parties agree to pay in one lump sum. Voluntarily by both parties. If the parties do not agree, the court cannot require payment in one lump sum.
This is due to two reasons:
1. Child support is an uncertain debt that may change later, whether it be an increase, a reduction, or it may be suspended with the death of either party. One
2.Paying in a lump sum at one time may cause the money to disappear quickly. Not beneficial to minors Therefore, it is not appropriate for the court to determine the said amount in a lump sum at one time. unless the party wishes to do so.
Read more about this in the article. Subject “Calling child support as a temporary lump sum Can you do it in large quantities? “
Can I claim back child support payments? ?
Duty in The care and support of a child by parents occurs from birth and survives infancy until the child reaches adulthood or dies.
Therefore, in suing for child support, the plaintiff can sue for child support retrospectively since the child was born. If the father or mother has never provided child support at all.
However The statute of limitations for child support is only 5 years. Therefore, if the defendant comes to fight the case and gives a defense on the issue of the statute of limitations, he or she will be able to claim back child support services for only 5 years.
Example of Supreme Court judgment
Supreme Court judgment no. 2697/2005 The statute of limitations for filing a claim for maintenance of a minor child is 5 years from the date the parent or one of the parents paid the maintenance. In the case where one father or mother has paid the maintenance expenses alone. has the right to demand maintenance from the other party from the date of payment, which is considered the date on which the claim may be enforced according to Section 193/33 (4) in conjunction with Section 193/12
In summary, you can sue retrospectively. But it has a lifespan of 5 years.
An agreement was made. or the court has already decided You can request an increase or decrease in money. Can I afford child support?
Legal matters
Section 1598/39When the interested party shows that the circumstances, income, or status of the other party has changed. The court may order a correction in the matter of maintenance by revoking, reducing, increasing, or reinstating the maintenance.
In the case that the court does not award maintenance costs Simply because the other party is not in a position to provide maintenance at that time, if the circumstances, income, or status of the other party has changed. and the income or status of the claimant is such that he or she should receive maintenance. The claimant may request the court to change the order in that case.
Description
If the court determines child support on a periodic basis and later if it appears that The financial status of the parents or the status or need for money of the child or other circumstances of the case have changed.
Stakeholders such as parents or children You may submit a request to present evidence to the court. So that the court may set a new maintenance fee. It may be set to increase or decrease.
Which is fair. Because sometimes as time passes Father or mother earns more and children need to spend more money Setting the same foster care rate forever is not fair to minor children.
On the other hand, If the father or mother has financial difficulties or the child or his or her financial status has improved You can make a living for yourself. For those parents to pay maintenance at the same rate forever would be unfair to the parents.
Example
See an example of requesting an increase or decrease. Child support costs can be found in the article “Example of increasing-decreasing Child support payments after the court’s decision”
If an agreement has been made or the court has ruled and refuses to pay, what should I do?
If the court orders payment and the defendant refuses to pay legal maintenance. The plaintiff will be able to seize and freeze the assets. of the defendant to repay the judgment debt. For example, house seizure, car seizure, salary garnishment. Freeze deposits in accounts, freeze stocks, freeze various assets.
In the execution of the judgment to pay maintenance fees, If the parents are government officials or government employees The plaintiff can also seize salary or other money such as pensions, gratuities, allowances.Cold that the government can pay to parents
This is an exception to the general legal principle that prohibits judgment creditors from seizing or seizing the salary of government officials or government employees. This is because maintenance debt is in nature of debt arising from legal duties. and is a very important debt to the minor child (Act Establishing the Juvenile Court, Section 154, Section 155, Civil and Commercial Code, Section 286)
In addition, if the defendant intentionally refuses to pay without reason. Even though you have the ability to pay The defendant may be summoned by the court to warn him. Comply with the judgment and if the judgment is still not complied with May be arrested and detained according to Section 162 of the Juvenile Court Establishment Act.
Legal matters
Juvenile and Family Court and Juvenile and Family Court Procedure Act 2010Section 162
In cases where the court has a judgment or order to pay maintenance or alimony If the court sees fit, it will order the judgment debtor to deposit the money with the court according to the conditions. or the period specified by the court In the case where the judgment debtor has regular income The court may order the seizure of money up to the amount to be paid for maintenance. or monthly living allowance Then have the person responsible for paying the said money deposit the money with the court on behalf of the judgment debtor.
When it appears to the court itself or the person entitled to receive maintenance or alimony requests the court that the judgment debtor has not complied with paragraph one. Let the court summon you to inquire. If it appears to be true, the court shall admonish him to comply with the court order.
In the case where the judgment debtor fails to comply with the court’s warning under paragraph two without reasonable cause. The court has the power to issue an arrest warrant and order the judgment debtor to be detained until the debtor brings the money for maintenance or alimony to be paid or deposited with the court. However, each judgment debtor must not be detained for more than fifteen days from the date of arrest or detention, as the case may be, unless he has been temporarily released.
How much is the attorney’s fee? How much money must be spent on filing a lawsuit?
The case for filing a claim for child support is not difficult and not complicated. And most of them can be ended through negotiations rather than legal battles.
The attorney fees of each firm have different criteria for thinking. But for me personally, in this type of case, the professional fee is not very high. Because most of the cases are not difficult and do not take much time to work. In addition, there is often sympathy for the father or mother who is the sole caretaker of the child.
So in the case where the client is Thai, I usually charge approximately 25,000-30,000 baht.
As for fees, shipping costs and other expenses Exempted by law There is no need to pay any additional costs at all.
