Child support for foreign children: Calculation and enforcement of international child support judgments

Plan child support involving a foreign parent by documenting needs, payment arrangements and the separate requirements for cross-border recognition or enforcement.

Determining the amount of child support for a foreign child after divorce is always one of the most complex issues in civil cases involving foreign nationals. It is not just about agreeing on a figure; the real difficulty lies in calculating it based on international living standards and the methods of enforcing the judgment when the obligated party is outside Vietnam. Through this article, Jurion & Partners will guide you on how to determine the amount of child support for a foreign child.

Legal Regulations Regarding Child Support Obligations Involving Foreign Parents

According to the 2014 Marriage and Family Law, the child support obligation between parents and children is determined based on the law of the country where the child receiving support resides.

If the child (the child receiving support) is a foreigner residing in Vietnam or a Vietnamese citizen residing abroad, the application of law will overlap. However, the general principle of the law is to prioritize protecting the best interests of the child, ensuring that the child maintains a stable standard of living as before the parents divorce.

Calculation of Child Support for Foreign Children

Vietnamese law does not stipulate a specific figure (such as 10% or 20% of income) but is based on mutual agreement. If an agreement cannot be reached, the Court will decide based on two pillars:

Criterion 1: The Essential Needs of the child

For children who are foreign nationals or studying in international environments, essential needs are generally higher than average, including:

• Tuition: Tuition fees at international schools and additional skills training (music, art, foreign languages, etc.).
• Healthcare: International health insurance, medical expenses at standard hospitals.
• Cost of Living: Living expenses and entertainment appropriate to the international environment in which the child is studying.

Criterion 2: The Childs Actual Financial Capacity

The Court will consider the childs income from salary, business profits, and assets in Vietnam and abroad.

Note: For foreigners working in Vietnam, the alimony amount is usually set at VND 15-25 million/month or higher, depending on the income evidence provided by the requesting party (bank statements, employment contract).

Procedures and Methods for International Alimony Payment

In judgments involving foreign elements, the method of payment must be clearly defined to avoid future disputes:

• Currency of payment: Usually VND if payment is made in Vietnam or converted to foreign currency (USD, EUR) if the money is transferred abroad.
• Bank transfer: This is the preferred method for establishing evidence for enforcement. The alimony payer should retain transfer receipts to protect themselves in case there is a complaint.
• Frequency: Monthly, quarterly, or once (if the alimony payer has the financial means and wishes to fulfill their obligation early).

Enforcement of International Alimony Judgments

This is the most difficult step if the obligated party intentionally evades payment or has left Vietnam.

Enforcement in Vietnam

If the foreigner is still residing or has assets/income in Vietnam, the Civil Enforcement Agency may apply coercive measures to seize assets. However, in reality, there are many cases where the person obligated to execute the judgment has sufficient means but does not voluntarily comply. In such cases, the enforcement agency may have to wait one, two, or even more years to determine a relatively large sum of money to be enforced before having sufficient grounds and conditions to organize the forced seizure of assets.

Enforcement when the obligated party is abroad

In this case, the Mutual Legal Assistance Agreements between Vietnam and that country will be applied. If there is no agreement, enforcement will be based on the principle of reciprocity. However, this procedure is often lengthy and requires assistance from lawyers experienced in international law.

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When mutual agreement is no longer an option, knowing what is unilateral divorce and how to divorce without consent in Vietnam becomes critical. By understanding the legal process and gathering proper evidence, you can take control of your situation and seek a lawful resolution. Whether you are facing infidelity, domestic violence, or emotional breakdown, a unilateral divorce may be your path to freedom.

• Advice on the right to request the Court to settle divorce;
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• Advise on divorce proceedings;
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