Joseph Chmelar, a now divorced father of two, was somewhat taken back when his young sons informed him that the ex he had recently separated from had a child with another man. However in a curious turn of events he then received a letter stating that he owed $8,500 in back child support for the child reports Wood TV.
It transpires that an old 1956 Paternity law says if a child is born to a married woman, the biological father has no legal rights. A spokesperson for the court explained that it doesn’t matter who the biological father is. The only relevant thing is the best interest of the child: it matters only which person can take the best care of the child financially.
This is of course a niche law. Under Thailand child custody law the issue of child support frequently arises in divorces and disputes between non-married litigants. Most often, the mother of a child will be suing the biological father for child support. However, it is also possible for a father with custodial rights of a child to seek child support from the mother of the child.
If the mother and father can agree to child support this agreement can be drafted in writing to form part of the settlement agreement, often included in Thailand divorce proceedings.
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