Child Support for HER child, upon divorce

[STEVE G]

This is just speculation. I wonder what the law actually says?

I had a wander around a few Thai legal websites and could find no mention of the situation as you describe it, the only cases of child support involved biological fathers.

[hhfarang]

OK, been there, done that, but the question is, "Had your relationship with your wife ended when the girl was 12, would you have been liable to pay child support?"

In the U.S. I don't believe so, though I'm not positive. That's specifically the reason I never formally adopted her as at that point after two previous divorces, I was a bit gun shy when it comes to marriage in general. If I had adopted I would certainly be responsible for support and anything she did.

At my daughter's request we did have her last name (in the U.S.) legally changed to my last name. BTW, her biological father passed away years ago and she barely even remembers him so she was supported by her mother since she was a baby until I took up the responsibility when we married. Here her name, Thai passport, and ID card still has her birth name as does my wife's. My wife and I are not legally married here. We got legally married in the U.S. and only had the religious (Buddhist) ceremony here but never registered the marriage with the Thai government so I don't think it would have been a problem here either.

[Super Joe]

I'm fairly sure the answer is no but I am curious...

There must be quite a few foreign men who marry a Thai and raise their children, without actually adopting them. Does the husband have any liability, as far as child support is concerned, should they divorce? Could the wife apply for a Court Order on the basis that the husband has been acting as the 'father', even though he is not the biological father?

You were correct with your 'no' assumption based on the advice by these 2 law firms:
1) - Thai law does not make any provision for child support for illegitimate children. The father is under no obligation to pay child support unless both parties had agreed to this in writing and filed the documents with the local District office.

2) -When a child is born out of marriage, the biological father of the child is not bound by law to pay for the financial support unless the legitimation of the child in Thailand issue is brought to the court; then the court will decide such issues concerning legitimation, child custody, and child support in the same case.

A couple more interesting points re: children born out of wedlock....
1) The biological father of a child has NO financial child support responsibilities under the law when not married to the bird ***
2) A married father DOES have financial responsibilities under the law for a child the mother conceived out of wedlock with a.n.other.... until he has the legitimacy of the child repudiated by a court, via DNA testing or whathaveyou...
Until the father has proven non-paternity over the child either by DNA testing or proof of non-cohabitation with the mother, the child is considered his child. It is only the court which can rule on the repudiation, and no other.


SJ
*** - ah, so Thai guys aren't so stupid after all... don't marry her and you ain't responsible for nuffink

[kendo]

Mr Plum it's a very big melting pot that can easily go against the man.

Yes. I recall service pension rules stating that 'substantial relationships' are recognized by the pensions agency when looking at entitlements. With many couples deciding not to marry, I would anticipate, if not now, then in the future, court judgements putting the child's best interests first and everything else secondary. The State does not wish to pick up the tab.

This is just speculation. I wonder what the law actually says?

Mr Plum have a little search on our latest laws.You can own a property without a long term partner or wife being on the mortgage, even after a long period of time weather its a biological child that you have care of or not, the disgruntled wife/partner can apply to the courts to file a charge with the Land Registry so you can't sale the property until the child is 18, or in a work colleagues case his ex miss with grown up kids went on the sick disability so he know has to keep on paying.
They also can also freeze pre relationship assets to stop you asset striping before divorce.
The courts will not let you file for divorce now until you have care and financial arrangements agreed by mutual consent unless you are going down the expensive legal route and do battle.

If you have assets being property pensions or previous nest egg the way the law is now here, bend over and touch you're toes.

Now i believe every man should support his kids they are a life time commitment and shame on the wasters that don't, but some women the world over make a comfortable life getting married two or three times.

Kendo.

[johnnyk]

Thai women I've talked to have been amazed when I said fathers in the west can have their wages attached or even go to jail if they do not pay child support. The facial expressions indicated "if only we had that here (that bastard Somchai wouldn't be running around free)!"

[barrys]

Thai women I've talked to have been amazed when I said fathers in the west can have their wages attached or even go to jail if they do not pay child support."

But how many of them here are in proper legal employment where this could be enforced even if the political will did exist?