Who this article is for

It is for a parent raising a child alone after a separation, whether or not the parents were legally married, where the other parent has stopped paying child support or has taken the child away and is not allowing contact.

The short answer: there is a legal route. A parent's duty to support a child continues until the child reaches adulthood, and the child's right to support cannot be waived in advance. If there is a judgment or a court-approved agreement and the other parent does not pay, enforcement can be requested. With only a district-office divorce agreement, you generally have to sue on that agreement first. If the parents were not married, the court may first need to recognise the child as the father's. The first step is to gather the divorce record or judgment and proof of past payments.

This article covers only the period after separation or divorce. How to register a divorce is dealt with in the separate article on divorce procedures.

Where are you now?

You divorced at the district office, there is a support agreement, but the other parent is not paying

Within the first 7 days, ask the district office for a copy of the divorce record and the agreement attached to it. Then make a table of what the agreement requires each month, what has been paid, and from which month payments are overdue. Keep the transfer slips you received.

A court judgment exists but the other parent is not paying

Obtain a copy of the judgment and a certificate that the case is final, since these are the documents used to request enforcement. Enforcement is a step filed with the court and the enforcement officers, so a lawyer should check the papers are complete first.

You were never married to the other parent

Gather evidence that the other person is the child's father: the birth certificate, family photographs, chats mentioning the child, records of past support transfers, and people who knew you lived together. In this situation the law treats the child as the mother's child, while the father's legal status needs extra conditions, explained below.

The other parent has taken the child away or is not allowing contact

Write down what happened, when, where the child is, and what messages or evidence exist. Do not take the child back by force, as this can harm the child and affect how a court views you. Ask a lawyer how to apply to the court, based on who currently holds parental power.

What not to do

Use the child as leverage, or refuse contact because money is unpaid. Courts look mainly at the child's wellbeing and best interests. Keeping a child away can count against the parent who does it, and money and contact are separate matters.
Sign an agreement that says you will "not claim child support" without advice. The law says the right to receive support cannot be waived (Civil and Commercial Code, Section 1598/41), but a clause like that can cause confusion later, so have a lawyer read it before you sign.
Post accusations about the other parent on social media. It can become a defamation issue and may be used when a court considers which parent is more suitable.

Legal steps

Negotiation or mediation. The Juvenile and Family Court has a mediation process before a hearing. If you agree, record the agreement in a form the court approves so it can be enforced.
If no agreement, file a claim or petition with the Juvenile and Family Court that has jurisdiction, under the Juvenile and Family Court and Juvenile and Family Procedure Act B.E. 2553 (2010). A lawyer should confirm which court covers your area.
Matters you can ask the court for include an order to pay child support, an increase or decrease when circumstances change, and fixing or changing who exercises parental power. For a child born outside marriage, you may also need to ask the court to declare the child to be the father's, together with the support claim.
Once there is a judgment or a court-approved agreement and the other parent still does not pay, enforcement follows: tracing the paying parent's assets and income and asking the enforcement officers to act under the law.

The duty to support a child after divorce

Section 1564 of the Civil and Commercial Code says parents have a duty to support a minor child, whether they still live together or have divorced. A minor is someone under 20 years of age, unless they became an adult earlier by marriage.

The law sets no fixed amount of child support. The court considers the paying parent's ability, the receiving parent's position, and the surrounding circumstances. If circumstances later change, the court may increase, reduce, suspend, or reinstate the support (Sections 1598/38 and 1598/39).

If the parents were not married

When the parents never registered a marriage, the child is the mother's legitimate child from birth, but becomes the father's legitimate child only through one of the routes in Section 1547: the parents marry later, the father registers the child as his, or the court rules the child is the father's.

If the father will not register the child, the mother, as the child's legal representative, can sue on the child's behalf to ask the court to declare the child to be his (Section 1555), and child support can generally be claimed in the same case. How far back support can be claimed depends on the facts and on limitation periods, which a lawyer should check for your case.

Parental power after divorce

If the divorce is by consent, the parents agree in writing who will exercise parental power; if they cannot agree, the court decides. If the divorce is by court judgment, the court also decides, mainly considering the child's wellbeing and best interests (Sections 1520 and 1521). If the parent who holds parental power cares for the child unsuitably, a relative of the child or the public prosecutor can ask the court to change who exercises it or to revoke it under Sections 1521 and 1582.

Limitation periods for overdue support

Support that fell due in instalments and has been unpaid for a long time may raise a limitation question. The Civil and Commercial Code sets limitation periods for debts payable in instalments, but applying them to child support depends on details, for example where no amount was ever fixed before. Do not assume the answer. Have a lawyer check how far back the overdue amounts can be claimed.

Documents a lawyer needs to see before assessing your case

Marriage and divorce registrations, and the agreement attached to the divorce registration, if any
The court judgment or court-approved agreement, with the certificate that the case is final, if any
The child's birth certificate and both parents' ID cards
Proof of the child's expenses, such as school fees, medical costs, food, and travel
Proof of the other parent's income and assets, such as workplace, payslips, business
Records of past support transfers and your table of unpaid amounts
Chats or a written record about the child being taken away or contact being refused
Evidence of paternity if the parents were not married, such as photographs, chats, and people who knew you lived together

Relevant laws

Civil and Commercial Code, Section 1564: parents must support and educate a minor child.
Civil and Commercial Code, Sections 1598/38 and 1598/39: setting and changing child support according to ability and circumstances.
Civil and Commercial Code, Section 1598/41: the right to receive support cannot be waived.
Civil and Commercial Code, Sections 1520 and 1521: who exercises parental power on divorce, and the court deciding by the child's best interests.
Civil and Commercial Code, Sections 1547 and 1555: how a child born outside marriage becomes the father's legitimate child, and a court action to declare the child his.
Civil and Commercial Code, Section 1582: revoking parental power where it is exercised unsuitably.
Juvenile and Family Court and Juvenile and Family Procedure Act B.E. 2553 (2010): the court that hears family cases and its procedure.

Frequently asked questions

Must I still pay child support after divorce?
Yes. Parents must support a minor child under Section 1564, and the parents' divorce does not end that duty.

If we agreed at the divorce that there would be no child support, can it be claimed later?
The law says the right to receive support cannot be waived (Section 1598/41), so there may be room to claim. A lawyer should read the wording in the divorce record and check the facts.

Can I ask for more child support?
Yes, if circumstances change, for example the child's costs rise or the paying parent's position changes. The court may increase, reduce, suspend, or reinstate support under Sections 1598/38 and 1598/39. There is no fixed formula. The court looks at the payer's ability, the recipient's position, and the circumstances.

We were not married. Can I claim support from the father?
In principle the child must first be the father's legitimate child, which happens if he registers the child or the court declares it (Sections 1547 and 1555). If he refuses, the mother, as the child's legal representative, can sue on the child's behalf for that declaration and usually claim support in the same case. A lawyer should check your evidence of paternity first.

How far back can I claim years of unpaid support?
It depends on whether there is a judgment, an agreement, or nothing fixed before, and on limitation periods, which differ by case. Bring the documents and your table of unpaid amounts for a lawyer to check.

Who gets parental power over the child after divorce?
For a divorce by consent, the parents agree in writing. If they cannot agree, the court decides. For a divorce by judgment, the court decides on the child's wellbeing and best interests (Sections 1520 and 1521).

What if the other parent holds parental power but cares for the child poorly?
A relative of the child or the public prosecutor can ask the court to change who exercises parental power, or to revoke it, under Sections 1521 and 1582. You need evidence that the care is unsuitable, such as a record of events, signs of neglect, and information from school or doctors.

Conclusion

The duty to support a child does not end with divorce, and a child's right to support cannot be waived in advance. Parents who were not married may first need the court to recognise the child as the father's. Support and contact are separate issues, and the court puts the child's interests first. If you would like your own situation reviewed, you can bring the documents listed above to a lawyer to check the facts and the suitable next steps.

Child Support Unpaid After Divorce, or a Custody Dispute: What Are Your Options?