LEGAL ISSUES REGARDING THE APPLICATIONS FOR MAINTENANCE OF THE CHILDREN

Abstract

This research article aimed to study the challenges surrounding maintenance claims for children, the principles and practices involved in filing such claims, and the legal issues and solutions related to maintenance lawsuits. The research employs a qualitative approach, utilizing documentary research as the primary method, with document analysis serving as the main research tool.

The findings revealed that parents often neglect their duty to provide sufficient maintenance to meet basic living standards. Consequently, children have the right to file claims for maintenance against their parents, who are considered joint debtors. This right is a personal entitlement of the child, which does not transfer to the estate and is non-enforceable through legal execution. The determination of maintenance amounts is subject to the court’s discretion, taking into account the financial capacity of the obligated parties, the recipient's circumstances, and the specific facts of the case. Maintenance claims are not subject to a statute of limitations, and the right to claim maintenance arises from the date of the child's birth.   

The researchers propose amending Section 1564 of the Thai Civil and Commercial Code to introduce penalties or legal enforcement measures for parents who fail to fulfill their maintenance obligations. Additionally, Section 1598/41 should be revised to include maintenance claims as part of the estate. Furthermore, the Civil Procedure Code, Table 1(1), should be amended to exempt future debts from being considered as disputable assets, and Section 193/33 should be revised to exclude maintenance claims from statutory limitations. These amendments aim to ensure fairness and adequately protect the rights of children.