Best Child Support Lawyers in Taiwan

About Child Support Law in Taiwan

The laws around child support in Taiwan come under family law and are designed to ensure the financial welfare of a child following the dissolution of a relationship, separation, or divorce. It is the responsibility of both parents to financially support their child up until they turn 20, unless the child is still in school which could warrant longer support. The principles are dictated by the country's Civil Code, with care typically owed towards children who are unemployed and unmarried.

Why You May Need a Lawyer

Child support matters in Taiwan can quickly become complex and difficult to navigate alone, particularly when it involves disagreements. Legal help is usually necessary in situations such as calculating child support payments, addressing non-payment by another parent, and handling disputes over custody arrangements. Other scenarios might involve establishing a child's paternity, or handling complications arising from a parent living outside Taiwan. A lawyer with experience in Taiwanese child support cases can provide advice, assistance, and representation in these matters.

Local Laws Overview

The key aspects of Taiwan's child support laws fall under the Civil Code. According to its provisions, parents have the obligation to provide for their children until they turn 20 years old. The law mandates that if the parents of a minor child divorce, the court must determine which parent the minor will live with, and which parent will contribute to the child's support. The amount of child support is determined based on factors such as the financial abilities of the parents, the child's lifestyle, and the existing standard of living. In cases where the parent fails to make the mandated support payments, the court can enforce the payment obligation.

Frequently Asked Questions

What happens if a parent does not pay child support in Taiwan?

If a parent fails to fulfill their child support obligations, the custodial parent can file a lawsuit against them. The court will then take action to enforce the child support agreement.

Can child support be modified in Taiwan?

Yes, child support can be modified if there are valid grounds such as a change in the income of a parent, or the needs of the child. The custodial parent or the parent paying child support will have to file a motion in court to adjust the amount.

Is a parent obligated to pay for a child's university education?

Parents are typically obligated to support a child until they turn 20. However, if the child is continuing education after age 20, the court may require the non-custodial parent to assist with education fees.

What happens if a non-resident parent fails to pay child support?

In cases where a parent living outside Taiwan fails to pay child support, the custodial parent may turn to international law. Taiwan is part of the Hague Convention on Maintenance, enabling the enforcement of maintenance obligations abroad.

Can child support agreements be settled outside of court?

Parents can reach an out-of-court agreement on child support. However, to ensure it's legally binding and enforceable, it should be approved by a court.

Can grandparents be held responsible for child support in Taiwan?

In general, grandparents are not directly liable for child support in Taiwan. However, in rare cases where both parents are unable or unwilling to provide support, the court may order grandparents to contribute.

What factors determine the amount of child support?

Some factors include the income and financial condition of each parent, the needs and standard of living of the child, and the child's education costs.

How long does child support last in Taiwan?

Child support in Taiwan typically lasts until the child reaches the age of 20. However, if the child continues education past this age, the time frame may be extended.

Can custodial parents deny visitation rights if child support isn't paid?

Generally, the law in Taiwan separates visitation rights and child support. Non-compliance with child support orders does not necessarily negate a parent's visitation rights.

Can ex-spouses file for support in Taiwan?

Under Taiwan's Civil Code, a party may claim alimony from their ex-spouse, separate from child support. The exact amount is based on several factors, such as the length of the marriage, reasons for divorce, and each party's economic circumstance.

Additional Resources

The Ministry of Justice in Taiwan provides a range of resources and information regarding child support and other family law matters. Organizations such as the Taipei Bar Association offer free legal consultation services that can help clarify aspects of child support issues. It's always beneficial to familiarize oneself with official resources and consult a lawyer for personalized advice.

Next Steps

If you need legal assistance regarding child support in Taiwan, your first step should be to consult with a legal professional knowledgeable in family law. Prepare all relevant paperwork such as divorce decrees, custody arrangements, and your financial records. Once you have retained a lawyer, they will guide you through the process to ensure your child's rights and welfare are protected to the fullest extent under Taiwan's laws.