Do I have to pay support obligations for illegitimate children in Vietnam?
Do I have to pay support obligations for illegitimate children in Vietnam? What are regulations on support level for illegitimate children in Vietnam?
In recent days, an issue has arisen that makes many people wonder whether illegitimate children have right to request support or not, especially for families with illegitimate children. Support is also an obligation that not everyone knows clearly, especially for those children. So I wonder if a person has to fulfill obligation to support an illegitimate child? What are regulations on support level for illegitimate children in Vietnam?
Please advise. Thankyou.
Do I have to pay support obligations for illegitimate children in Vietnam?
Pursuant to Clause 24, Article 3 of the 2014 Law on Marriage and Family stipulates:
24. Support means an act whereby a person has the obligation to contribute money or other kinds of property to meet the essential needs of another person who does not live together with but has marriage, blood or raising relation with the former and is a minor or an adult who has no working capacity and no property to support himself/herself, or meets with financial difficulties as prescribed by this Law.
Article 107 of the 2014 Law on Marriage and Family stipulates support obligation as follows:
1. The support obligation shall be performed between parents and children; among siblings; between paternal grandparents, maternal grandparents and grandchildren; between aunts, uncles and nieces, nephews; and between husband and wife in accordance with this Law.
The support obligation can be neither replaced by another obligation nor transferred to other people.
2. In case persons having the support obligation shirk this obligation, at the request of the persons, agencies or organizations prescribed in Article 119 of this Law, courts shall compel these persons to perform the support obligation in accordance with this Law.
In addition, Article 119 of the 2014 Law on Marriage and Family stipulates that persons having the right to request performance of the support obligation:
1. The supported person, his/her parent or guardian has the right in accordance with the civil procedure law to request a court to force the person who fails to voluntarily perform the support obligation to perform such obligation.
According to this Article, the support obligation is carried out between parents and children, so illegitimate children must receive support equivalent to biological children, and at the same time, biological parents of illegitimate children must also fulfill the support obligation.
Do I have to pay support obligations for illegitimate children in Vietnam? (Image from the Internet)
What are regulations on support level for illegitimate children in Vietnam?
According to Article 116 of the 2014 Law on Marriage and Family on support level, specifically as follows:
1. The support level shall be agreed upon by the person with the support obligation and the supported person or the latter’s guardian on the basis of the actual income and ability of the person with the support obligation and the essential needs of the supported person; if they fail to reach agreement, they may request a court to settle it.
2. When there is a plausible reason, the support level may change. The change of the support level shall be agreed upon by the parties; if they fail to reach agreement, they may request a court to settle it.
Thus, based on this regulation in Vietnam, the support level for illegitimate children is based on the actual income and ability of the person with the support obligation and the essential needs of the supported person.
Best regards!
