Post-Divorce Alimony vs Child Support in Thailand: Who Can Claim, When, and How to Write It in the Divorce Agreement

When people say "maintenance" during a divorce they are usually mixing three things the law keeps apart: support that spouses owe each other while married, money one ex-spouse pays the other after the divorce to get by, and money a parent pays for a child. People going through a divorce often ask "can I claim maintenance?" without knowing the rights have different conditions. Some are lost if not raised in the divorce case; some cannot be waived at all.

This guide explains how the three rights differ, what a court looks at when setting an amount, and how to write the arrangement clearly in a divorce agreement. For the wider picture of divorce and marital property see divorce, custody and property division. For what to do when child support stops, see unpaid child support. This guide stays with separating the rights and drafting the agreement.

The core answer

Post-divorce alimony and child support are different rights. The claimants differ, the conditions differ and they end differently. Child support belongs to the child and cannot be waived. Alimony can be claimed only where the divorce is caused solely by the other spouse's fault and leaves the claimant poorer, and it must be claimed in the divorce case itself.

The law. Section 1526 of the Civil and Commercial Code provides that in a divorce case, where the ground for divorce is the fault of one spouse alone and the divorce will leave the other spouse poorer because he or she lacks enough income from property or from the work done during the marriage, the other spouse may ask the at-fault spouse to pay alimony. The court may award as much as it thinks fit or nothing, having regard to the ability of the payer and the position of the recipient. The right ends if it is not raised, by claim or counterclaim, in that divorce case. Section 1528 provides that if the recipient remarries, the right to alimony ends. During the marriage spouses must help and support each other according to their ability and status (section 1461). Under section 1598/38 maintenance may be claimed where the person entitled gets none or too little to live on reasonably; the court may award as much as it thinks fit or nothing, considering the payer's ability, the recipient's position and the circumstances. Section 1598/39 lets the court vary the order when circumstances, income or position change. Section 1598/41 says the right to receive maintenance cannot be waived or transferred and is not subject to enforcement.

Our practical view. Two beliefs are common and both are wrong. One is "after divorce I am owed maintenance automatically"; the other is "we agreed to ask for nothing, so it is over". Alimony is not automatic; the court has discretion and there must be sole fault. Child support cannot be agreed away. Before filing or signing, work out which right you are actually dealing with.

Illustrative scenario. Napa and Thana have lived in Khon Kaen for 14 years and have one son aged 8. Napa cut back her job to look after the child and helped in the family shop without a salary for several years. Thana has a regular income and had an affair, and Napa filed for divorce. We use this couple throughout the guide.

1. How do alimony, spousal support during marriage and child support differ?

The vocabulary is used loosely. The law uses "alimony" (khaa liang chiip) for money paid to a spouse after divorce, and "maintenance" (khaa upakara liang du) for the duty of support between spouses during marriage or between parents and children. This table compares the three.

Two points from the table. First, alimony has heavier conditions than child support because it needs sole fault and a real fall into poverty. Second, child support does not depend on who is at fault; the court can award it even to the parent who caused the divorce, because the right is the child's.

In our scenario Napa has a child to look after, so she can claim child support from Thana without proving fault. For her own alimony she would have to show that the divorce ground was Thana's sole fault and that the divorce leaves her poorer.

2. What are the conditions for alimony under section 1526?

Section 1526 has several layers of conditions.

• A divorce case. Alimony under this section is claimed in the divorce case, not as a free-standing claim after the case has ended.
• Sole fault. If both sides share fault, the condition is not met, so the defending spouse often argues the other also contributed. The fault is judged from the grounds for divorce in section 1516, such as an affair.
• The divorce leaves the claimant poorer. The claimant must show a lack of enough income from property or from the work done during the marriage, not just a modest drop in income.
• Court discretion. Even if every condition is met, the court may award as much as it thinks fit, or nothing, having regard to the payer's ability and the recipient's position.
• Must be raised in the divorce case. The right ends if it is not raised, by claim or counterclaim, in that case. A spouse who is being sued for divorce and wants alimony must file a counterclaim in the same case.
• Ends on remarriage. Section 1528 provides that if the recipient remarries, the right to alimony ends.

If the divorce is by consent. There is no sole-fault finding, so section 1526 alimony is not something the court will fix on its own. Alimony exists only if the spouses agree it themselves. Section 1520 requires a consent divorce to include a written agreement on who exercises parental power over the children, and section 1522 provides that the divorce agreement addresses the amount of child support. The Code sets no particular form for spousal alimony. We recommend writing it into the divorce agreement (see section 5) so it can be proved and the amount and duration are clear.

If Napa wants alimony she should not wait for the divorce case to finish. She should take advice before the answer or counterclaim is filed and gather the evidence described in section 3.

3. Which facts decide the amount?

The Code gives no formula or figure. The court looks at both sides' real situation, so we do not give "typical" amounts; every family differs. What to prepare:

The paying side (the payer's ability)

• Pay slips, income certificates and withholding tax certificates
• Past personal income tax returns; for a business owner, financial statements, tax invoices and business bank statements
• Other income such as rent, dividends, interest and bonuses
• The payer's own obligations, such as mortgage and car instalments, other children and parents who need care
• Lifestyle shown by lawfully obtained evidence, such as assets that appear in the marital property, which often comes up in the property case anyway

The receiving side (position and need)

• Monthly income and expenses of the claimant and the child, such as rent, food, medical costs and travel
• The period of leaving work or cutting back to raise the child or run the household, and how income fell during it
• Health and age, which affect the chance of finding work; keep medical certificates
• Earning capacity, qualifications and job prospects locally
• Childcare duties, for example a young child who needs full-time care

What not to do. Do not get into the other spouse's bank account, phone or email without authority. That may be a criminal offence under the Computer Crime Act B.E. 2550, sections 5 to 7, and a breach of the Personal Data Protection Act B.E. 2562. If you need the other side's financial records, ask through your lawyer and the court process, for example a court summons for documents from a bank or other body. Do not record or post material about the other side to shame them; it damages your case.

In our scenario Napa holds records showing six years of reduced work to care for the child and help the shop without income of her own. Thana has a regular income. The court looks at both together, and the young child in Napa's care affects both child support and her ability to find work.

4. How far can parents agree child support, and why can it not be waived?

Section 1598/41 says the right to receive maintenance cannot be waived or transferred and is not subject to enforcement. The result:

• A clause such as "the mother will claim no more child support" or "the father need not pay child support" is unlikely to remove the child's right. The child or the parent with parental power can still ask the court to fix support later.
• Agreeing a clear amount is a different matter. Section 1522 has the spouses in a consent divorce settle in the divorce agreement who pays how much child support. An agreement with a clear amount and method of payment that fits the incomes helps everyone. But if things change materially, for example income changes, the child starts school or has medical costs, the court can still adjust under section 1598/39.
• If the divorce agreement says nothing on child support, or the divorce is by judgment, the court fixes it (section 1522).
• If the payer could not afford to pay for a period, that does not end the child's right for good. If the payer's position improves, the parent with parental power can still ask the court to vary the amount under section 1598/39.

For spousal alimony, section 1526 applies section 1598/41 by analogy, so be careful with wording that cuts off the right absolutely and forever. If you want a clean break, get advice on a clear and lawful way to write it, such as an agreed lump sum or fixed instalments, which fixes an amount instead of waiving a right.

5. How do you write it into a registered divorce agreement?

For a consent divorce at the district office, make a divorce agreement or a memorandum of agreement attached to the divorce registration, and keep the two arrangements separate, because their basis, duration and end differ.

• Child support. Name the child, who exercises parental power, the monthly amount, the due date, the receiving account, extra costs such as school fees and medical costs, how the amount is adjusted, and when it ends.
• Alimony. State whether it is agreed at all. If so, whether monthly or lump sum, for how long, and what happens if the recipient remarries.
• Method of payment. Pay by bank transfer and keep the slips; do not pay cash with no record.
• Annual adjustment. Use a method that can be checked, such as an agreed percentage or a consumer price index, once a year.
• Remarriage. Provide that alimony stops if the recipient remarries (section 1528) and that the recipient will tell the other side in writing within a set time.
• Default. State default interest or a penalty and how notice is given. If payment is missed, the other side can enforce the agreement.
• Variation. Record that the parties may ask the court to vary the amount under section 1598/39 if income or position changes.

Sample clauses (adapt to the facts and have a lawyer check before signing)

Clause 1 Child support
1.1 The Husband agrees to pay child support for the child ______ of THB ______
    per month by the ____ day of each month, by transfer to the Wife's account
    no. ______.
1.2 Necessary school fees and medical costs shall be shared ____ % each, with
    receipts shown to the other party.
1.3 The amount in 1.1 shall be adjusted once a year in the month of ______ at the
    rate of ______.
1.4 This agreement does not remove the child's right to ask the court to fix or
    vary child support if circumstances change.

Clause 2 Alimony for the Wife (if agreed)
2.1 The Husband agrees to pay alimony of THB ______ per month for ____ months
    by transfer to account no. ______.
2.2 The alimony in 2.1 ends when the Wife remarries. The Wife shall notify the
    Husband in writing within ____ days of the date of registration of the
    marriage.
2.3 Both parties ask that the court may vary the amount in 2.1 if income or
    position changes.

Clause 3 Default
3.1 If payment is more than ____ days late, the defaulting party shall pay
    default interest at ____ % per year on the overdue amount.
3.2 The recipient may claim and sue to enforce this agreement.

After signing, keep a copy of the agreement and make sure what the district office records matches the agreement actually made. If you are the parent exercising parental power, see taking a child abroad, studying or relocating for travel and relocation issues.

6. Remarriage, changed income and asking for more or less later

• The recipient remarries. For alimony under section 1526 the right ends under section 1528. Child support does not end because the parent remarries; it is the child's right.
• The payer loses a job or takes on more obligations. Do not simply stop paying. Collect evidence of the lower income and ask the court to vary the order under section 1598/39. The court may reduce, increase, cancel or restore the maintenance depending on changes in circumstances, income or position.
• The recipient wants more. For example, the child enters a more expensive school or the payer earns more. Prepare evidence of the costs and of the changed income.
• Changes made outside court. If you agree a change out of court, put it in writing and keep the transfer records, because the child is not a party and the court still looks to the child's interest.

In our scenario, if Thana changes jobs three years later and his income falls, he should give Napa written notice with documents and, if they cannot agree, apply to the court. He should not cut the transfers on his own.

7. If the other side does not pay

The route depends on whether there is a judgment or court order.

• A judgment or court order. Use enforcement: asset searches and seizure or attachment through the court process. See debt collection and enforcement.
• Only a divorce agreement. You may sue on the agreement, subject to proof and limitation periods, or ask the court to fix child support under section 1522.
• Child support specifically. See unpaid child support.

In the meantime keep records of past transfers, demand messages and the agreement. Do not hide the child or stop the other parent seeing the child to pressure payment; it damages your case.

8. Checklist before agreeing or filing

Check the right

• I can say whether I am claiming my own alimony, spousal support during marriage, or child support
• I have checked whether the divorce ground is the other spouse's sole fault, if I want alimony
• I have decided whether to claim alimony in the divorce case (claim or counterclaim) before the case ends

Income and need evidence

• I have gathered my pay slips, bank statements and tax documents
• I will ask for the other side's documents through my lawyer or the court, not by accessing their accounts or devices
• I have a monthly expense table for me and the child, with receipts
• I have evidence of any period I left or reduced work to care for the family, and medical certificates if relevant

The divorce agreement

• Child support and alimony are in separate clauses
• The amount, due date, account, extra costs and end date are stated
• There is an annual adjustment method and a way to ask the court to vary if circumstances change
• Remarriage of the alimony recipient is addressed
• Default, interest and enforcement are addressed
• There is no clause saying "no child support is payable", and a lawyer has checked it before signing

Further reading

• Divorce, custody and property division — overview of divorce and marital property
• Unpaid child support — enforcing, increasing and reducing child support
• Divorce involving a foreigner — jurisdiction and recognition of judgments when a spouse is foreign
• Evidence of a spouse's affair and compensation in divorce — where the divorce ground is an affair
• Taking a child abroad, studying or relocating — when the parent with parental power wants to travel or move
• Prenuptial agreements: what to agree — for those not yet married or planning ahead
• Debt collection and enforcement — steps to enforce a judgment

Alimony and child support are different rights: alimony must be claimed in the divorce case and is in the court's discretion, while child support cannot be waived, so separate the two before you sign a divorce agreement.

We help assess whether you can claim alimony or child support, prepare the claim or counterclaim in the divorce case, draft the agreement attached to the divorce registration, and act when the other side does not pay. For an initial consultation, call +66 92 254 2045 or send us the details. See also our family practice.

This guide is published by Suwanvara Law Firm — a Khon Kaen law firm established in 1986. General information only, not legal advice on a specific matter.