Child Support for HER child, upon divorce

Visa questions, companies, work permits, employment, insurance, banking and finance, and legal issues.
User avatar
MrPlum
Banned
Banned
Posts: 4568
Joined: Mon Jun 11, 2007 6:57 pm

Child Support for HER child, upon divorce

Post by MrPlum »

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?
User avatar
Big Boy
Moderator
Moderator
Posts: 45330
Joined: Fri Nov 04, 2005 7:36 pm
Location: Bon Kai

Re: Child Support for HER child, upon divorce

Post by Big Boy »

It seems a very strange question to me. Surely, if such a support ruling existed, it should fall to the biological father.
Championship Stoke City 3 - 0 Plymouth Argyle :cry: :cry: :cry: :cry:

Points 48; Position 20
User avatar
MrPlum
Banned
Banned
Posts: 4568
Joined: Mon Jun 11, 2007 6:57 pm

Re: Child Support for HER child, upon divorce

Post by MrPlum »

Big Boy wrote:It seems a very strange question to me. Surely, if such a support ruling existed, it should fall to the biological father.
Yes. The CSA go after the biological father in the UK but this is Thailand and...

I suppose part of the prompting for the question is the situation where if there is a road traffic accident in some parts of Asia, the police will look to the nearest 'falang' to pay.
User avatar
Big Boy
Moderator
Moderator
Posts: 45330
Joined: Fri Nov 04, 2005 7:36 pm
Location: Bon Kai

Re: Child Support for HER child, upon divorce

Post by Big Boy »

I actually doubt any sort of child support is enforced for Thais, but I stand to be corrected. Therefore, if it exists for Farang, it must be some sort of scam.
Championship Stoke City 3 - 0 Plymouth Argyle :cry: :cry: :cry: :cry:

Points 48; Position 20
User avatar
Big Boy
Moderator
Moderator
Posts: 45330
Joined: Fri Nov 04, 2005 7:36 pm
Location: Bon Kai

Re: Child Support for HER child, upon divorce

Post by Big Boy »

Thinking about this further, I've known quite a Farangs who brought their wife's children to live in the UK. As part of the process, the biological father has had to be hunted down to give his consent - not a chore if he was already paying support you would think. In most cases, when the biological father has been found, he tries to sell the child to the Farang (or at least demands a substantial fee for putting pen to paper).
Championship Stoke City 3 - 0 Plymouth Argyle :cry: :cry: :cry: :cry:

Points 48; Position 20
ste860
Deceased
Deceased
Posts: 645
Joined: Mon Sep 17, 2007 3:09 pm

Re: Child Support for HER child, upon divorce

Post by ste860 »

im pretty sure the courts can make a claim for support ,but only if you are the biological father ,it would be pretty pointless going through this process if the father was thai
User avatar
johnnyk
Legend
Legend
Posts: 2852
Joined: Fri Sep 02, 2005 1:23 pm

Re: Child Support for HER child, upon divorce

Post by johnnyk »

Can't really imagine Isaan farm girls, or any girl not hi-so, getting on to lawyers and courts in an attempt to force child support from a falang. Meanwhile, deep in the jungle Somchai takes another pull of lao khow....
Happiness can't buy money
User avatar
hhfarang
Hero
Hero
Posts: 11060
Joined: Fri Mar 12, 2004 1:27 am
Location: North Carolina

Re: Child Support for HER child, upon divorce

Post by hhfarang »

When I married my wife she had a 7 year old daughter. I took her in and treated her and raised her as if she were my own without formal adoption. She is 24 now, married to an American Marine who served in Afghanistan, has her U.S. citizenship and earns more money (on her own) than I do by my pensions. I'm very proud of her and treat and consider her the same as if she was from my own blood and she thinks of me as her father.

I spent a lot of money and time raising her and she turned out to be a very responsible adult so it really doesn't matter if she came from my sperm or not, she is MY daughter.
My brain is like an Internet browser; 12 tabs are open and 5 of them are not responding, there's a GIF playing in an endless loop,... and where is that annoying music coming from?
User avatar
kendo
Rock Star
Rock Star
Posts: 3571
Joined: Mon Apr 07, 2008 7:11 pm
Location: Southampton.

Re: Child Support for HER child, upon divorce

Post by kendo »

hhfarang wrote:When I married my wife she had a 7 year old daughter. I took her in and treated her and raised her as if she were my own without formal adoption. She is 24 now, married to an American Marine who served in Afghanistan, has her U.S. citizenship and earns more money (on her own) than I do by my pensions. I'm very proud of her and treat and consider her the same as if she was from my own blood and she thinks of me as her father.

I spent a lot of money and time raising her and she turned out to be a very responsible adult so it really doesn't matter if she came from my sperm or not, she is MY daughter.
Good man I really respect that! :bow:

Kendo. :cheers:
Is Bangkok a place or a nasty injury.......Eric Morcombe.


Proud to be a Southampton FC Fan.
User avatar
kendo
Rock Star
Rock Star
Posts: 3571
Joined: Mon Apr 07, 2008 7:11 pm
Location: Southampton.

Re: Child Support for HER child, upon divorce

Post by kendo »

MrPlum wrote: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?

In the UK the answer is yes, you support a child even not biologically yours over a long period of time you can be liable for future support, just like you're pension is now classed as a marital asset over here, built up over many years of work or service they will take that into account just as much as a woman missing out on a carrier and loss of potential earnings over many years.
Mr Plum it's a very big melting pot that can easily go against the man.

Kendo. :cheers:
Is Bangkok a place or a nasty injury.......Eric Morcombe.


Proud to be a Southampton FC Fan.
sargeant
Deceased
Deceased
Posts: 4055
Joined: Tue Sep 19, 2006 2:52 pm
Location: Pranburi CITY

Re: Child Support for HER child, upon divorce

Post by sargeant »

I think ones marital status would be the first issue ie if you are NOT legally married there cannot be a DIVORCE
Also if the child is NOT legally adopted by the farang i do NOT see a case to be made and certainly not if there is no marriage and no adoption
I Do not think the mother could have an argument that the farang in this case should pay if she has not taken action against the biological father or he is NOT paying
I also think no court would find in her favour as it would open a real can of worms (as in set a precedent) as to the biological fathers responsibility in Thai on Thai cases.
A Greatfull Guest of Thailand
User avatar
Big Boy
Moderator
Moderator
Posts: 45330
Joined: Fri Nov 04, 2005 7:36 pm
Location: Bon Kai

Re: Child Support for HER child, upon divorce

Post by Big Boy »

hhfarang wrote:When I married my wife she had a 7 year old daughter. I took her in and treated her and raised her as if she were my own without formal adoption. She is 24 now, married to an American Marine who served in Afghanistan, has her U.S. citizenship and earns more money (on her own) than I do by my pensions. I'm very proud of her and treat and consider her the same as if she was from my own blood and she thinks of me as her father.

I spent a lot of money and time raising her and she turned out to be a very responsible adult so it really doesn't matter if she came from my sperm or not, she is MY daughter.
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?"
Championship Stoke City 3 - 0 Plymouth Argyle :cry: :cry: :cry: :cry:

Points 48; Position 20
User avatar
MrPlum
Banned
Banned
Posts: 4568
Joined: Mon Jun 11, 2007 6:57 pm

Re: Child Support for HER child, upon divorce

Post by MrPlum »

kendo wrote: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?
sargeant
Deceased
Deceased
Posts: 4055
Joined: Tue Sep 19, 2006 2:52 pm
Location: Pranburi CITY

Re: Child Support for HER child, upon divorce

Post by sargeant »

Kendo
In the UK the answer is yes, you support a child even not biologically yours over a long period of time you can be liable for future support
yes i agree IN THE UK
I would also add i think to take the child to the UK one has to sign that they have no recourse to public funds
Having been through a British divorce i have met the most venomous of all reptiles a 4 eyed 1 titted huge hipped Hairy chested female divorce lawyer. It was simply a case of hand my severed testicles to the court usher on my way out
I answered as to Thailand because they are totally different in attitude and law to each country

edited to add red letters which i forgot but remembered when the shiver went down my spine
A Greatfull Guest of Thailand
User avatar
sand_dancer
Guru
Guru
Posts: 682
Joined: Sun May 01, 2011 5:03 pm
Location: Iraq

Re: Child Support for HER child, upon divorce

Post by sand_dancer »

Mr Plum
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?
If you mean UK Law.....

You will find that the answer is...... If you have been co-habitating for a period of 5 years or over..... then for the purpose of seperation / split..... You are classified as common law husband and wife..... and assets will be divided in accordance with matrimonial law......

In the event that child / children are involved...... If the biological father has not been paying child support for that child / children..... It will be taken into account that you have been providing for them..... And that will also be taken into account for the division of assets etc......

As for Thai law..... I have no idea...... But I would assume that whatever rules / laws that they may have.... Will only be in favour of the Thai.....
Post Reply