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Contract analysis / stipulation-for-judgment-custody-support.docx
stipulation-for-judgment-custody-support.docx
1035-00002 · 54 clauses
High · 4 Medium · 5 Standard · 6
I. INTRODUCTION AND RECITALS
I. INTRODUCTION AND RECITALS A. Identification of Parties Petitioner MARGUERITE DELPHINE FONSECA ("Petitioner"), date of birth June 14, 1984, currently residing at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604, and Respondent RAFAEL JOAQUÍN MEDRANO ("Respondent"), date of birth March 22, 1982, currently residing at 609 Moorpark Street, Apt. 12, North Hollywood, California 91602 (collectively, t
1. The Parties were registered domestic partners in the State of California, having regis
1. The Parties were registered domestic partners in the State of California, having registered their domestic partnership on September 12, 2015, as evidenced by California Secretary of State File No. DP-2015-038741.
2. On July 8, 2022, Petitioner filed a Petition for Dissolution of Domestic Partnership i
2. On July 8, 2022, Petitioner filed a Petition for Dissolution of Domestic Partnership in the Superior Court of California, County of Los Angeles, which was assigned Case No. 22STFL09847.
3. On November 3, 2022, the Court entered a Judgment of Dissolution of Domestic Partnersh
3. On November 3, 2022, the Court entered a Judgment of Dissolution of Domestic Partnership. That Judgment expressly reserved jurisdiction over all issues relating to custody, visitation, parenting time, and child support pertaining to the minor children of the Parties.
4. On May 2, 2023, Petitioner filed a Request for Order (RFO) Re Custody and Child Suppor
4. On May 2, 2023, Petitioner filed a Request for Order (RFO) Re Custody and Child Support, seeking orders establishing legal and physical custody of the minor children and setting guideline child support.
5. On May 30, 2023, the Court entered a Temporary Custody Order establishing an approxima
5. On May 30, 2023, the Court entered a Temporary Custody Order establishing an approximately 60%/40% timeshare in favor of Petitioner during the pendency of the custody proceedings. Said Temporary Custody Order has governed the Parties' custodial arrangement from that date through the present.
6. On June 22, 2023, the Court, upon the joint request of the Parties and pursuant to Cal
6. On June 22, 2023, the Court, upon the joint request of the Parties and pursuant to California Family Code Section 3150, appointed Tessa L. Brannigan, Esq. (CA State Bar No. 267894), as Minor's Counsel to represent the interests of the minor children in these proceedings. Minor's Counsel has participated in all material proceedings and negotiations since her appointment.
7. On July 14, 2023, the Court, upon stipulation of the Parties, entered an order directi
7. On July 14, 2023, the Court, upon stipulation of the Parties, entered an order directing a custody evaluation pursuant to California Family Code Section 3111 and appointed Dr. Elena V. Sorensen, Psy.D. (CA License No. PSY 24891), of Sorensen Family Behavioral Health, P.C., as the court-appointed custody evaluator. Dr. Sorensen conducted interviews, home visits, collateral contacts, psychological testing, and other
8. On July 14, 2023, the Court also entered a Stipulation and Order to Seal the Court Fil Standard
⚑ Commercial term
8. On July 14, 2023, the Court also entered a Stipulation and Order to Seal the Court File in this matter pursuant to California Rules of Court, Rule 2.550 et seq., based upon the Parties' demonstrated status as public-facing professionals in the entertainment industry and the paramount privacy interests of the minor children. That sealing order remains in full force and effect.
9. On October 6, 2023, Dr. Sorensen delivered her custody evaluation report to the Court,
9. On October 6, 2023, Dr. Sorensen delivered her custody evaluation report to the Court, the Parties' respective counsel, and Minor's Counsel. The evaluation report included findings, observations, and recommendations regarding the best interests of the minor children.
10. Between November 17, 2023, and January 19, 2024, the Parties participated in three se
10. Between November 17, 2023, and January 19, 2024, the Parties participated in three sessions of private mediation conducted before the Honorable Constance M. Yee (Ret.) of Pacific Coast Dispute Resolution Services, with sessions held on November 17, 2023, December 15, 2023, and January 19, 2024. Through these mediation sessions, the Parties were able to reach a full resolution of all outstanding custody, parenting
1. ISABELA LUZ FONSECA-MEDRANO, born February 11, 2017, age six (6) years at the time of
1. ISABELA LUZ FONSECA-MEDRANO, born February 11, 2017, age six (6) years at the time of the filing of the Request for Order, and currently age six (6) years at the time of execution of this Stipulation. Isabela is the biological child of both Petitioner and Respondent.
2. MATEO ELÍAS FONSECA-MEDRANO, born August 29, 2019, age four (4) years at the time of t
2. MATEO ELÍAS FONSECA-MEDRANO, born August 29, 2019, age four (4) years at the time of the filing of the Request for Order, and currently age four (4) years at the time of execution of this Stipulation. Mateo is the biological child of both Petitioner and Respondent. Both children are currently enrolled at Ridgeview Academy, a private school located at 4515 Sepulveda Boulevard, Sherman Oaks, California 91403. Isabel
II. STIPULATION — TERMS
II. STIPULATION — TERMS NOW, THEREFORE, the Parties stipulate and agree as follows: A. Incorporation of Agreements by Reference
1. The Parties have executed a Stipulated Custody & Parenting Plan Agreement dated Januar
1. The Parties have executed a Stipulated Custody & Parenting Plan Agreement dated January 31, 2024 (the "Parenting Plan Agreement"), a true and correct copy of which is attached hereto as Attachment 1 and is incorporated herein by this reference as though fully set forth at length. The Parties request that the Parenting Plan Agreement be made an order of this Court.
2. The Parties have executed a Child Support Agreement dated January 31, 2024 (the "Child
2. The Parties have executed a Child Support Agreement dated January 31, 2024 (the "Child Support Agreement"), a true and correct copy of which is attached hereto as Attachment 2 and is incorporated herein by this reference as though fully set forth at length. The Parties request that the Child Support Agreement be made an order of this Court.
3. The following exhibits are attached to and incorporated as integral parts of the Paren
3. The following exhibits are attached to and incorporated as integral parts of the Parenting Plan Agreement (Attachment 1): (a) Exhibit A: Holiday & Vacation Schedule, which sets forth the alternating holiday rotation, school break allocation, and special occasion provisions applicable to the minor children; and (b) Exhibit B: Right of First Refusal & Travel Notice Protocol, which sets forth the procedures and oblig
4. In the event of any conflict between the terms of this Stipulation and the terms of th
4. In the event of any conflict between the terms of this Stipulation and the terms of the Parenting Plan Agreement (Attachment 1) or the Child Support Agreement (Attachment 2), the terms of the respective Attachment shall control, except as to any matter where a court order supersedes the Parties' private agreement by operation of law. B. Summary of Custody Terms (Cross-Referencing Attachment 1) The Parties have agr
1. Legal Custody. The Parties shall share joint legal custody of both minor children, Isab Medium
⚑ Liability cap to check against exposure
1. Legal Custody. The Parties shall share joint legal custody of both minor children, Isabela Luz Fonseca-Medrano and Mateo Elías Fonseca-Medrano. Joint legal custody shall encompass joint decision-making authority regarding all significant matters affecting the children's health, education, welfare, and general upbringing, as more fully described in the Parenting Plan Agreement. In the event the Parties are unable t
2. Physical Custody. The Parties shall share joint physical custody of both minor children
2. Physical Custody. The Parties shall share joint physical custody of both minor children. The primary residence of both children shall be designated with Petitioner, Marguerite Delphine Fonseca, at her current residence or such other residence as she may maintain within the geographic restrictions set forth in the Parenting Plan Agreement. The designation of a primary residence is for purposes of school enrollment,
3. Timeshare — School Year. During the school year (defined as the period from the first d
3. Timeshare — School Year. During the school year (defined as the period from the first day of instruction at Ridgeview Academy through the last day of instruction, excluding designated school breaks), the Parties shall adhere to the custody schedule set forth in the Parenting Plan Agreement, which results in an approximate 65%/35% timeshare. Specifically, Petitioner shall have approximately 232 overnights per year
4. Timeshare — Summer. During the summer break from Ridgeview Academy, which the Parties e
4. Timeshare — Summer. During the summer break from Ridgeview Academy, which the Parties estimate to be approximately ten (10) weeks in duration (approximately 70 days), custodial time shall be split equally between the Parties. Each Party shall have approximately 35 overnights with the children during the summer break period. The specific allocation of summer weeks, including designation of consecutive and non-conse
5. Holiday Rotation. The Parties have agreed to an alternating annual holiday schedule, ro
5. Holiday Rotation. The Parties have agreed to an alternating annual holiday schedule, rotating between even-numbered and odd-numbered calendar years, for the following holidays and school breaks: Thanksgiving (including the Wednesday before Thanksgiving through the Sunday following), Winter Break (divided into a first half and second half), Spring Break, each parent's birthday, the children's birthdays, Mother's Da
6. Travel Provisions. Neither Party shall take the children outside the continental United
6. Travel Provisions. Neither Party shall take the children outside the continental United States without providing a minimum of thirty (30) calendar days' advance written notice to the other Party and obtaining the other Party's prior written consent, or, in the absence of such consent, obtaining a court order authorizing the travel. For domestic travel outside the State of California, the traveling Party shall prov
7. On-Location Work Provision. The Parties acknowledge that, due to the nature of their re Medium
⚑ Assignment / subcontracting
7. On-Location Work Provision. The Parties acknowledge that, due to the nature of their respective professional occupations within the entertainment industry, either Party may from time to time be required to accept work assignments that necessitate travel away from the Los Angeles metropolitan area for extended periods. In the event either Party accepts work requiring travel of more than fourteen (14) consecutive ca
8. Right of First Refusal. The Parties have agreed to a right of first refusal provision a
8. Right of First Refusal. The Parties have agreed to a right of first refusal provision applicable when a Party who has custodial time with the children is or will be unavailable to personally care for the children for more than eight (8) consecutive hours (excluding the children's normal sleeping hours). In such circumstances, the unavailable Party shall first offer the other Party the opportunity to care for the c
9. Parenting Plan Coordinator. The Parties have agreed to the appointment of Dr. Marcus W. Standard
⚑ Commercial term
9. Parenting Plan Coordinator. The Parties have agreed to the appointment of Dr. Marcus W. Ingalls, LMFT (CA License No. LMFT 89412), of Ingalls & Cuevas Family Counseling, located at 10880 Wilshire Boulevard, Suite 630, Los Angeles, California 90024, as Parenting Plan Coordinator (the "Coordinator"). The Coordinator shall assist the Parties with the implementation of the Parenting Plan Agreement and shall serve as a
1. Incomes Used for Guideline Calculation. For purposes of calculating guideline child sup
1. Incomes Used for Guideline Calculation. For purposes of calculating guideline child support, the Parties have utilized the following income figures: (a) Petitioner's Gross Monthly Income: $72,500 per month, based on Petitioner's annual compensation of approximately $870,000. Petitioner's annual compensation consists of a base salary of $485,000, an average annual performance bonus of $210,000, and annual restricte
2. Guideline Amount. A DissoMaster calculation for two (2) minor children at a timeshare o Standard
⚑ Commercial term
2. Guideline Amount. A DissoMaster calculation for two (2) minor children at a timeshare of approximately 63.6% to Petitioner / 36.4% to Respondent, using the income figures set forth above, yields a guideline child support amount of $1,274 per month payable by Petitioner to Respondent.
3. Agreed Deviation from Guideline. The Parties stipulate and agree that child support sha Standard
⚑ Commercial term
3. Agreed Deviation from Guideline. The Parties stipulate and agree that child support shall be set at $1,100 per month, payable by Petitioner to Respondent. This amount represents a deviation of $174 per month below the guideline amount calculated above. This deviation is agreed to pursuant to California Family Code Section 4057(b) and is justified by the following special circumstances: (a) Respondent has agreed to
4. Education Costs — Ridgeview Academy Tuition. The Parties have agreed to share the cost
4. Education Costs — Ridgeview Academy Tuition. The Parties have agreed to share the cost of private school tuition at Ridgeview Academy as follows: (a) Isabela Luz Fonseca-Medrano: Annual tuition of $32,400. Petitioner shall pay seventy percent (70%) of the annual tuition, equaling $22,680. Respondent shall pay thirty percent (30%) of the annual tuition, equaling $9,720. (b) Mateo Elías Fonseca-Medrano: Annual tuiti
5. Extracurricular and Enrichment Activities. The Parties shall share the costs of extracu Medium
⚑ Liability cap to check against exposure
5. Extracurricular and Enrichment Activities. The Parties shall share the costs of extracurricular and enrichment activities for the children (including but not limited to sports, music lessons, art programs, tutoring, and similar activities) as follows: Respondent shall pay sixty percent (60%) and Petitioner shall pay forty percent (40%) of the costs of such activities, for activities costing up to $1,500 per child
6. Healthcare. The minor children shall remain enrolled on Petitioner's employer-sponsored
6. Healthcare. The minor children shall remain enrolled on Petitioner's employer-sponsored health insurance plan, currently the Luminos Entertainment Group plan administered through Veridian Health Insurance Company. Petitioner shall be responsible for maintaining the children's coverage under this plan and shall promptly notify Respondent of any changes to coverage. Unreimbursed medical, dental, orthodontic, and men
7. Annual Adjustment and Review. The child support amount shall be subject to review upon Medium
⚑ Confidentiality undertaking
7. Annual Adjustment and Review. The child support amount shall be subject to review upon either of the following triggering events: (a) the anniversary date of the entry of this order; or (b) a material change in circumstances. For purposes of this provision, a "material change in circumstances" is defined as a change in either Party's gross income exceeding fifteen percent (15%), or a change in the custodial timesh
1. Non-Disparagement. Neither Party shall make disparaging, derogatory, or demeaning state
1. Non-Disparagement. Neither Party shall make disparaging, derogatory, or demeaning statements about the other Party in the presence of or within the hearing of the minor children, or to the minor children directly, whether in person, by telephone, electronic communication, or any other medium. Neither Party shall make disparaging public statements about the other Party regarding this proceeding, the custody arrange
2. Confidentiality. Neither Party shall disclose the financial terms of this Stipulation, Medium
⚑ Forum / governing law
2. Confidentiality. Neither Party shall disclose the financial terms of this Stipulation, the Child Support Agreement, or any related financial agreements to any third party, except to the Party's legal counsel, tax advisors, financial planners, or accountants who have a need to know such information for the purpose of providing professional services, or as required by court order, subpoena, or applicable law. Neithe
3. Sealed Court File. The Court file in this matter shall remain sealed pursuant to the St Standard
⚑ Commercial term
3. Sealed Court File. The Court file in this matter shall remain sealed pursuant to the Stipulation and Order to Seal Court File previously filed on July 14, 2023, under California Rules of Court, Rule 2.550 et seq. The sealing of the court file is based upon the demonstrated status of both Parties as public-facing professionals in the entertainment industry and the paramount privacy interests of the minor children.
1. This Court shall retain continuing, exclusive jurisdiction to enforce, modify, or inter High
⚑ Non-compete / exclusivity restraint
1. This Court shall retain continuing, exclusive jurisdiction to enforce, modify, or interpret the terms of this Stipulation and the incorporated agreements — including the Parenting Plan Agreement (Attachment 1) and the Child Support Agreement (Attachment 2) — in accordance with the California Family Code and all other applicable provisions of California law.
2. Any future modifications to the custody, parenting plan, or child support terms establi
2. Any future modifications to the custody, parenting plan, or child support terms established herein shall be brought by noticed motion filed in Case No. 22STFL09847, in the Superior Court of California, County of Los Angeles, in accordance with the applicable provisions of the California Family Code and the California Rules of Court.
3. The Parties acknowledge and agree that nothing in this Stipulation or the incorporated
3. The Parties acknowledge and agree that nothing in this Stipulation or the incorporated agreements shall be construed to divest this Court of jurisdiction over any matter affecting the welfare, custody, or support of the minor children, or to limit the Court's inherent authority to act in the best interests of the children.
III. REQUEST TO THE COURT
III. REQUEST TO THE COURT The Parties, Marguerite Delphine Fonseca and Rafael Joaquín Medrano, jointly and respectfully request that this Court enter judgment consistent with the terms set forth in this Stipulation, incorporating the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024 (Attachment 1, including Exhibits A and B thereto), and the Child Support Agreement dated January 31, 2024 (Attachmen
IV. DECLARATIONS REGARDING SERVICE AND CONSENT High
⚑ Penalty / liquidated damages
IV. DECLARATIONS REGARDING SERVICE AND CONSENT Each of the undersigned Parties hereby declares, under penalty of perjury under the laws of the State of California, as follows:
1. I have read this Stipulation for Judgment Re Custody, Parenting Plan, and Child Suppor
1. I have read this Stipulation for Judgment Re Custody, Parenting Plan, and Child Support, including the attached Stipulated Custody & Parenting Plan Agreement (Attachment 1, including Exhibits A and B) and the Child Support Agreement (Attachment 2), in their entirety. I understand the terms and provisions set forth therein.
2. I have had the opportunity to consult with and have been advised by my own independent
2. I have had the opportunity to consult with and have been advised by my own independent legal counsel regarding all terms and provisions of this Stipulation and the incorporated agreements, including my rights under the California Family Code with respect to custody, visitation, and child support.
3. I enter into this Stipulation freely and voluntarily, without coercion, duress, fraud,
3. I enter into this Stipulation freely and voluntarily, without coercion, duress, fraud, or undue influence of any kind. No promises or representations have been made to me other than those contained within the four corners of this Stipulation and the incorporated agreements.
4. I understand and agree to be bound by all terms set forth in this Stipulation and in t
4. I understand and agree to be bound by all terms set forth in this Stipulation and in the incorporated agreements upon entry of judgment by the Court.
5. I acknowledge that the agreed child support amount of $1,100 per month payable by Peti Standard
⚑ Commercial term
5. I acknowledge that the agreed child support amount of $1,100 per month payable by Petitioner to Respondent represents a deviation of $174 per month below the guideline child support amount of $1,274 per month as calculated by the DissoMaster program. I understand that I have the right to receive (or, as applicable, to pay) the guideline amount and that I am voluntarily agreeing to the below-guideline amount. I dec
V. SIGNATURES
V. SIGNATURES IN WITNESS WHEREOF, the Parties, their respective counsel, and Minor's Counsel have executed this Stipulation as of the dates set forth below. A. Petitioner. MARGUERITE DELPHINE FONSECA, Petitioner ________________________________________ Marguerite Delphine Fonseca Date: January 31, 2024 B. Respondent. RAFAEL JOAQUÍN MEDRANO, Respondent ________________________________________ Rafael Joaquín Medrano Da
VI. ORDER
VI. ORDER ORDER The Court, having reviewed the foregoing Stipulation for Judgment Re Custody, Parenting Plan, and Child Support, the attached Stipulated Custody & Parenting Plan Agreement (Attachment 1, including Exhibits A and B thereto), the Child Support Agreement (Attachment 2), the declarations of the Parties, the position of Minor's Counsel Tessa L. Brannigan, Esq., and the entire file in this matter, including
1. Good cause exists for entry of this order based upon the Parties' freely negotiated st
1. Good cause exists for entry of this order based upon the Parties' freely negotiated stipulation, the consultation with and approval of Minor's Counsel, and the Court's independent review of the custody evaluation and the file.
2. The terms of the Stipulation and the incorporated agreements — specifically the Stipul
2. The terms of the Stipulation and the incorporated agreements — specifically the Stipulated Custody & Parenting Plan Agreement (Attachment 1, including Exhibits A and B) and the Child Support Agreement (Attachment 2) — are in the best interests of the minor children, ISABELA LUZ FONSECA-MEDRANO (date of birth February 11, 2017) and MATEO ELÍAS FONSECA-MEDRANO (date of birth August 29, 2019), considering the totalit
3. The agreed child support amount of $1,100 per month payable by Petitioner to Responden High
⚑ Non-compete / exclusivity restraint
3. The agreed child support amount of $1,100 per month payable by Petitioner to Respondent, while below the guideline amount of $1,274 per month as calculated by the DissoMaster program, is justified under California Family Code Section 4057(b) based upon the Parties' agreement regarding the allocation of extracurricular and enrichment activity costs, in which Respondent has agreed to bear sixty percent (60%) of such
VII. ATTACHMENTS
VII. ATTACHMENTS The following documents are attached hereto and incorporated into this Stipulation and the Court's Order as described herein: Attachment 1: Stipulated Custody & Parenting Plan Agreement (Execution Version), dated January 31, 2024, including: Exhibit A: Holiday & Vacation Schedule Exhibit B: Right of First Refusal & Travel Notice Protocol Attachment 2: Child Support Agreement, dated January 31, 2024 [
VIII. PROOF OF SERVICE High
⚑ Penalty / liquidated damages
VIII. PROOF OF SERVICE PROOF OF SERVICE I, the undersigned, declare as follows: I am over the age of eighteen (18) years and am not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is Calderwood & Harkness LLP, 777 South Flower Street, Suite 3400, Los Angeles, California 90017. On January 31, 2024, I served the foregoing document described as STIPULATION FOR