Family Law: termination of parental rights, rights of the child, child support. (Ukraine)
You may remember the case? I had an extra marital affair with a Ukrainian woman
– Olga. The result was twins, 7 years ago. Under Ua law, the twins are entitled to child support = 1/3 of the father’s salary (not sure if this is gross or net) – to 18, or to age 23 for university students. The children have birth certificates registered under my name in Ukraine. Under English law the percentage of child support is C20%, based on normal domestic settlements. Of course, the norm in Uk salary terms would mean a higher settlement than under normal Ua salary terms.
I was born in 1950. I live with my wife and support a daughter. I have been paying Olga 1000 Euros pm which is around 23% of my salary depending on exchange rate. She has a job, and earns about E675 at current X rate. I want to support the kids – for me it’s a moral obligation – but I want an agreement within reasonable limits. I also want unrestricted access to the children, ie without the mother’s presence. We have started a conversation aimed at finding an agreement to give Olga’s children security.
My issues are:
1. Overall the agreement needs to be workable – my salary is in the UK, the children in Ukraine. I don’t want to sign an agreement which is subject to Ukrainian legal requirements.
2. I need an agreement which is reasonable – if I am sick, made unemployed, or die, the agreement needs a termination or pause clause.
3. I retire at 65 subject to changes in law. I can’t guarantee payments of this level after that point.
The agreement so far (English version) looks as attached.
I would like your advice on
1. Whether you feel I should go ahead on this basis, what are the legal risks in your view?
2. Whether an agreement should be signed at all, and then under English or Ukrainian law? Is there an alternative?
3. What kind of clause should be introduced to cover uncertainty (unemployment, sickness, death, force majeure)?
4. What is likely to happen in the case that I die, while the children are under 18? Can they claim under English law against my estate?
Could you let me know how much this would cost and how to make payment to you?