12/2550 Thailand Supreme Court Opinion 165 (No. 6949) 2007
Mrs. Poonsri Panthong vs. Mr. Prasit Panthong

Re: Child Support, Divorce Agreement

The trial court pronounced judgment based on a mediated divorce agreement entered into by the plaintiff and the defendant. The defendant consented to pay child support for the couple’s four children to the plaintiff of 400,000 baht by August 2546 B.E. (2003 A.D.). In the event of default on payment, the defendant agreed for the court to execute judgment immediately, and incur interest of 7.5 percent per year.

The defendant thereafter submitted a motion to the effect that, at present, he was employed as a driver with unstable wages and he received income from his farm of 1,000 baht per month. Furthermore, his financial status worsened as a result of the economic downturn, and he was therefore unable to pay the child support payment according to the mediated Thailand divorce. Hence, he requested that the court modify his child support payment by revoking the order or reducing the amount to 200,000 baht, to be paid in monthly installments of not more than 3,500 baht.

The trial court dismissed the motion.

The defendant appealed.

District Appellate Court 6 affirmed the trial court’s judgment.

The defendant appealed to the Supreme Court.

The Division of Juvenile and Family Cases of the Supreme Court ruled as follows: “The issue in this case is to determine whether or not the defendant is entitled to request reduction in child maintenance payments according to the mediated divorce agreement entered into by the plaintiff and the defendant before the court on 10 February 2546 B.E. (2003 A.D.). The trial court ordered that the defendant pay child support to the plaintiff for the four children of 400,000 baht by August 2546 B.E. (2003 A.D.). However, after entering into the mediated divorce agreement the defendant did not pay any child support to the plaintiff, and he thereafter submitted a petition to change the amount of child support to be paid the plaintiff, by requesting to pay 200,000 baht. Therefore, because the defendant has not paid child support to the plaintiff according to the divorce agreement, he has already incurred an outstanding debt according to the agreement, and this is not a motion to reduce debt that has not yet been incurred. Consequently, the defendant is not entitled to request revocation or reduction in such payment according to paragraph 1, section 1498/39, of the Civil and Commercial Code. The District Appellate Court 6 judged righteously, and the plaintiff’s appeal has no basis.”

Judgment affirmed.