1035-00002 · Calderwood & Harkness LLP · Agreements & Plans

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES — CENTRAL DISTRICT

STANLEY MOSK COURTHOUSE

CHILD SUPPORT AGREEMENT

Attachment to Stipulation for Judgment re Custody, Parenting Plan & Child Support

This Child Support Agreement (this "Agreement") is entered into as of January 31, 2024, by and between the parties identified below, and is attached to and incorporated by reference into the Stipulation for Judgment re Custody, Parenting Plan & Child Support filed contemporaneously herewith in the above-captioned matter.

RECITALS

A. Identification of the Parties. This Agreement is made by and between the following parties:

(i) Marguerite Delphine Fonseca ("Fonseca" or "Mother"), an individual currently residing at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604; and

(ii) Rafael Joaquín Medrano ("Medrano" or "Father"), an individual currently residing at 609 Moorpark Street, Apt. 12, North Hollywood, California 91602.

Fonseca and Medrano are sometimes referred to individually as a "Party" and collectively as the "Parties."

B. Background of Proceedings. The Parties were registered domestic partners in the State of California, having registered their domestic partnership with the California Secretary of State on September 12, 2015, under File No. DP-2015-038741. On July 8, 2022, Fonseca filed a Petition for Dissolution of Domestic Partnership in the Superior Court of California, County of Los Angeles, which was assigned Case No. 22STFL09847. A Judgment of Dissolution was entered by the Court on November 3, 2022, which dissolved the domestic partnership but expressly reserved jurisdiction over all matters pertaining to the custody, visitation, and support of the Parties' minor children. Thereafter, on May 2, 2023, a Request for Order re Custody and Child Support was filed, seeking resolution of the reserved custody and support issues. This Agreement is intended to resolve all reserved child support issues in this matter, including the amount of child support, the allocation of educational costs, the allocation of healthcare costs, and all related financial matters pertaining to the support and maintenance of the Parties' minor children.

C. Minor Children. The Parties are the parents of two minor children, namely:

(i) Isabela Luz Fonseca-Medrano, born February 11, 2017, currently six (6) years of age; and

(ii) Mateo Elías Fonseca-Medrano, born August 29, 2019, currently four (4) years of age.

Isabela and Mateo are sometimes referred to individually as a "Child" and collectively as the "Children" or the "Minor Children." Both Children are currently enrolled at Ridgeview Academy, a private educational institution located at 4515 Sepulveda Boulevard, Sherman Oaks, California 91403. Isabela is enrolled in the first grade and Mateo is enrolled in the pre-kindergarten program at Ridgeview Academy.

D. Representation of Counsel. Each Party is represented by independent legal counsel in connection with this Agreement, as follows:

(i) Fonseca is represented by the law firm of Calderwood & Harkness LLP, located at 777 South Flower Street, Suite 3400, Los Angeles, California 90017, through Devon Archer, Lead Associate, and Priya Anand, Partner.

(ii) Medrano is represented by the law firm of Kwan, Delacroix & Samuels LLP, located at 4400 Riverside Drive, Suite 700, Burbank, California 91505, through Gwendolyn R. Kwan, Partner (California State Bar No. 218453), and Benjamin T. Okafor, Associate (California State Bar No. 312776).

(iii) The Court has appointed Tessa L. Brannigan, Esq. (California State Bar No. 267894), of 6320 Canoga Avenue, Suite 1500, Woodland Hills, California 91367, as Minor's Counsel pursuant to California Family Code Section 3150. Minor's Counsel was appointed by order of this Court dated June 22, 2023, and has participated in the proceedings leading to this Agreement in her capacity as counsel for the Minor Children.

E. Mediation and Settlement. Prior to entering into this Agreement, the Parties participated in three (3) mediation sessions before the Honorable Constance M. Yee (Ret.), a mediator affiliated with Pacific Coast Dispute Resolution Services. The mediation sessions were conducted on the following dates: November 17, 2023; December 15, 2023; and January 19, 2024. This Agreement reflects the voluntary settlement reached by the Parties through the mediation process. Each Party acknowledges that the terms of this Agreement were negotiated at arm's length, in good faith, and with the benefit of independent legal counsel.

F. Incorporation into Stipulation for Judgment. This Agreement is attached to and incorporated by reference into the Stipulation for Judgment re Custody, Parenting Plan & Child Support filed contemporaneously herewith with the Superior Court of California, County of Los Angeles. This Agreement is intended to be read in conjunction with, and is supplementary to, the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024, together with its Exhibits A and B (the "Parenting Plan Agreement"). In the event of any conflict between the terms of this Agreement and the terms of the Parenting Plan Agreement with respect to child support or financial matters, the terms of this Agreement shall control.

G. Timeshare for Support Calculation Purposes. Pursuant to the Parenting Plan Agreement, the Parties have agreed to joint physical custody of the Minor Children, with primary physical residence with Fonseca. For purposes of the child support calculations set forth in this Agreement, the Parties' agreed annual custodial timeshare is as follows: Fonseca shall have approximately 232 overnights per year (approximately 63.6% of the annual timeshare), and Medrano shall have approximately 133 overnights per year (approximately 36.4% of the annual timeshare). This timeshare allocation is consistent with the custodial schedule set forth in the Parenting Plan Agreement and its Exhibits A and B.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1

INCOME OF THE PARTIES

Section 1.1. Income of Fonseca. Fonseca is currently employed as Senior Vice President, Original Content Development, at Luminos Entertainment Group, Inc. ("Luminos"), a corporation headquartered at 3200 West Olive Avenue, Burbank, California 91505. Fonseca's compensation from Luminos consists of the following components:

(a) Base Compensation. Fonseca's annual base salary is Four Hundred Eighty-Five Thousand Dollars ($485,000.00).

(b) Discretionary Bonus. Fonseca receives an annual discretionary bonus, the amount of which varies from year to year based on individual and company performance. Based on the three-year average of bonuses received by Fonseca for the tax years 2020, 2021, and 2022, Fonseca's average annual discretionary bonus is Two Hundred Ten Thousand Dollars ($210,000.00).

(c) Restricted Stock Units (RSUs). Fonseca participates in the Luminos Entertainment Group, Inc. equity incentive compensation program and receives grants of restricted stock units ("RSUs") that vest over time. Based on the vesting schedule currently in effect, the approximate annual value of RSUs vesting in Fonseca's favor is One Hundred Seventy-Five Thousand Dollars ($175,000.00).

(d) Total Annual Compensation. Fonseca's total annual compensation, for purposes of this Agreement, is Eight Hundred Seventy Thousand Dollars ($870,000.00), calculated as follows: $485,000.00 (base salary) + $210,000.00 (average annual discretionary bonus) + $175,000.00 (annual RSU vesting) = $870,000.00.

(e) Gross Monthly Income. For purposes of the child support calculations set forth in this Agreement, Fonseca's gross monthly income is Seventy-Two Thousand Five Hundred Dollars ($72,500.00), calculated by dividing total annual compensation of $870,000.00 by twelve (12) months.

Section 1.2. Income of Medrano. Medrano is a freelance cinematographer and director of photography who works primarily in the motion picture and television industries. Medrano performs the substantial majority of his professional services through his loan-out entity, Medrano Visuals, LLC, a California limited liability company. Due to the variable and project-based nature of Medrano's income, the Parties retained Harold K. Yamamoto, CPA/ABV/CFF, of the accounting firm Yamamoto Brace & Liu, LLP, to prepare a forensic income analysis of Medrano's earnings. Based on the forensic income analysis prepared by Mr. Yamamoto, which considered Medrano's income tax returns, bank statements, and business records for the tax years 2020, 2021, and 2022, Medrano's three-year average annual income is Three Hundred Forty Thousand Dollars ($340,000.00). For purposes of the child support calculations set forth in this Agreement, Medrano's imputed gross monthly income is Twenty-Eight Thousand Three Hundred Thirty-Three Dollars ($28,333.00), calculated by dividing three-year average annual income of $340,000.00 by twelve (12) months (rounded to the nearest dollar).

Section 1.3. Combined Gross Monthly Income. The combined gross monthly income of the Parties, for purposes of the child support calculations set forth in this Agreement, is One Hundred Thousand Eight Hundred Thirty-Three Dollars ($100,833.00), calculated as follows: $72,500.00 (Fonseca gross monthly income) + $28,333.00 (Medrano imputed gross monthly income) = $100,833.00.

ARTICLE 2

GUIDELINE CHILD SUPPORT CALCULATION

Section 2.1. DissoMaster Calculation. The Parties, through their respective counsel, have run the California guideline child support calculation using the DissoMaster software program, which is an approved and commonly utilized computer program for calculating guideline child support under California law. The following inputs were used in the DissoMaster calculation:

(a) Number of minor children: two (2);

(b) Gross monthly income of Fonseca (higher-earning parent): $72,500.00;

(d) Custodial timeshare: Fonseca 63.6% / Medrano 36.4%;

(e) Tax filing statuses, applicable deductions, and other inputs as agreed upon by the Parties' respective counsel and consistent with each Party's current tax circumstances.

Based on the foregoing inputs, and in accordance with the statewide uniform guideline formula set forth in California Family Code Section 4055 et seq., the guideline child support amount is One Thousand Two Hundred Seventy-Four Dollars ($1,274.00) per month, payable by Fonseca to Medrano. A copy of the DissoMaster printout reflecting this calculation has been provided to each Party, to Minor's Counsel, and shall be filed with the Court as an attachment to the Stipulation for Judgment.

Section 2.2. Parties' Acknowledgment. Both Parties acknowledge and represent that they have been fully informed of the guideline child support amount of $1,274.00 per month, and that they understand their respective rights under the California Family Code with respect to the calculation, payment, and enforcement of child support. Each Party has had the opportunity to review the DissoMaster calculation with their respective counsel, to ask questions regarding the calculation, and to satisfy themselves as to its accuracy. Minor's Counsel, Tessa L. Brannigan, Esq., has independently reviewed the guideline calculation and the agreed deviation set forth in Article 3 below, and does not object to the deviation for the reasons stated therein.

ARTICLE 3

AGREED CHILD SUPPORT AMOUNT AND DEVIATION

Section 3.1. Agreed Monthly Child Support. Fonseca shall pay to Medrano the sum of One Thousand One Hundred Dollars ($1,100.00) per month as and for child support for the two Minor Children, Isabela Luz Fonseca-Medrano and Mateo Elías Fonseca-Medrano. The following terms and conditions shall apply to such payments:

(a) Due Date. Child support payments shall be due and payable on the first (1st) day of each calendar month, commencing on the first day of the month immediately following the date of entry of the court order approving this Agreement.

(b) Duration. Child support payments for each Child shall continue until the earliest to occur of the following events with respect to such Child: (i) the Child reaches the age of eighteen (18) years; (ii) the Child reaches the age of nineteen (19) years, provided that the Child is still a full-time high school student and is not otherwise self-supporting, in which case support shall continue until the Child completes the twelfth (12th) grade or reaches the age of nineteen (19), whichever occurs first; (iii) the Child becomes emancipated by operation of law or court order; (iv) the Child marries; or (v) the death of the Child.

(c) Reduction Upon Emancipation of One Child. Upon the occurrence of a termination event as described in subsection (b) above with respect to one Child, the child support obligation shall be recalculated for the remaining Child. The Parties agree to negotiate in good faith regarding the appropriate amount of child support for one remaining Child, and in the absence of agreement, either Party may petition the Court for a determination of the child support amount based on the guideline formula and the circumstances then existing.

Section 3.2. Deviation from Guideline. The agreed child support amount of $1,100.00 per month represents a downward deviation of One Hundred Seventy-Four Dollars ($174.00) per month from the guideline child support amount of $1,274.00 per month, as calculated in Section 2.1 above ($1,274.00 − $1,100.00 = $174.00). The legal basis for this deviation is California Family Code Section 4057(b), which permits the court to order child support in an amount other than the guideline amount upon a finding that application of the guideline formula would be unjust or inappropriate in the particular case.

The Parties stipulate that the deviation from the guideline amount is warranted for the following reasons:

(a) Medrano has agreed to assume a higher proportionate share (sixty percent (60%)) of the costs of the Children's extracurricular and enrichment activities, as set forth in Article 5 below, notwithstanding that Medrano's income represents a lower percentage of the Parties' combined income. This reversed allocation of extracurricular costs constitutes additional financial support for the Children that is not captured by the guideline formula.

(b) Taking into account the agreed child support amount, the tuition cost-sharing provisions set forth in Article 4, the extracurricular activity cost-sharing provisions set forth in Article 5, and the healthcare cost-sharing provisions set forth in Article 6, the Children's needs are being adequately met, and the overall financial arrangement is in the best interests of the Children.

(c) Both Parties and Minor's Counsel have reviewed the deviation and have determined that it is fair, reasonable, and in the best interests of the Minor Children.

The Parties stipulate that the agreed amount of $1,100.00 per month, together with the cost-sharing provisions set forth in Articles 4, 5, and 6 of this Agreement, is in the best interests of the Children and that the Children's needs are being adequately met by the agreed support amount and the cost-sharing provisions collectively.

Section 3.3. Method of Payment. Child support payments shall be made by electronic funds transfer (ACH, wire transfer, or similar electronic payment mechanism), personal check, cashier's check, or such other method as the Parties may agree upon in writing from time to time. Fonseca shall bear any transaction fees associated with the method of payment she selects.

No wage assignment order (also referred to as an income withholding order) shall issue at this time, so long as Fonseca remains current on all child support payments required under this Agreement. The Court retains full jurisdiction and authority to issue a wage assignment order pursuant to California Family Code Section 5230 et seq. in the event that Fonseca defaults on any child support payment or is otherwise in arrears. For purposes of this provision, a payment shall be deemed in default if it is not received by Medrano within ten (10) calendar days of the applicable due date.

ARTICLE 4

EDUCATION COSTS

Section 4.1. Current School Enrollment. Both Minor Children are currently enrolled at Ridgeview Academy, a private educational institution located at 4515 Sepulveda Boulevard, Sherman Oaks, California 91403. The Children's current enrollment and tuition obligations are as follows:

(a) Isabela Luz Fonseca-Medrano is enrolled in the first grade at Ridgeview Academy. The current annual tuition for Isabela is Thirty-Two Thousand Four Hundred Dollars ($32,400.00).

(b) Mateo Elías Fonseca-Medrano is enrolled in the pre-kindergarten program at Ridgeview Academy. The current annual tuition for Mateo is Twenty-Six Thousand Eight Hundred Dollars ($26,800.00).

(c) Total Combined Annual Tuition. The total combined annual tuition for both Children at Ridgeview Academy is Fifty-Nine Thousand Two Hundred Dollars ($59,200.00), calculated as follows: $32,400.00 (Isabela) + $26,800.00 (Mateo) = $59,200.00.

Section 4.2. Tuition Cost-Sharing. The Parties shall share the cost of tuition at Ridgeview Academy (or any successor educational institution agreed upon by the Parties) in accordance with the following allocation:

(a) Fonseca's Share. Fonseca shall pay seventy percent (70%) of the annual tuition for each Child. Based on current tuition rates, Fonseca's share is as follows:

(i) Isabela: $32,400.00 × 70% = $22,680.00 per year;

(ii) Mateo: $26,800.00 × 70% = $18,760.00 per year;

(iii) Total annual tuition obligation for Fonseca: $41,440.00.

(b) Medrano's Share. Medrano shall pay thirty percent (30%) of the annual tuition for each Child. Based on current tuition rates, Medrano's share is as follows:

(i) Isabela: $32,400.00 × 30% = $9,720.00 per year;

(ii) Mateo: $26,800.00 × 30% = $8,040.00 per year;

(iii) Total annual tuition obligation for Medrano: $17,760.00.

(c) Payment Directly to Ridgeview Academy. Tuition payments shall be made by each Party directly to Ridgeview Academy in accordance with the school's billing schedule. Each Party is individually responsible for ensuring that their respective share of tuition is paid to Ridgeview Academy on time. In the event that one Party pays more than their allocated share of tuition to avoid a late penalty or to maintain the Children's enrollment, the overpaying Party shall be entitled to seek reimbursement from the other Party for the amount paid in excess of their allocated share.

(d) Mandatory Fees. The seventy/thirty percent (70/30) cost-sharing allocation shall apply not only to tuition, but also to all mandatory school fees, annual registration fees, required supply fees, technology fees, and any other fees assessed by Ridgeview Academy that are required as a condition of enrollment or continued attendance.

Section 4.3. Continuation of Private School Enrollment. The Minor Children shall continue to attend Ridgeview Academy unless both Parties agree in writing to a change of school. Neither Party shall unilaterally withdraw either Child from Ridgeview Academy or enroll either Child in a different school without the prior written consent of the other Party. In the event that the Parties are unable to agree on a change of school, Fonseca shall have tie-breaking authority on educational decisions pursuant to the terms of the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024.

In the event that tuition at Ridgeview Academy increases for any academic year, the seventy/thirty percent (70/30) cost-sharing ratio shall continue to apply to the increased tuition amount, and each Party shall be responsible for their respective percentage share of the increased tuition, unless the Parties mutually agree in writing to a different allocation or the Court orders a modification.

Section 4.4. Future Educational Expenses. In addition to tuition and mandatory school fees, the Parties acknowledge that the Children may from time to time require additional educational services or supports, including but not limited to private tutoring, educational or psychoeducational assessments, learning disability evaluations, educational therapy, speech and language therapy, occupational therapy related to educational performance, and other similar services. The Parties shall confer in good faith regarding any such additional educational expenses.

Additional educational expenses of the types described above shall be shared seventy percent (70%) by Fonseca and thirty percent (30%) by Medrano, provided that both Parties have consented in advance and in writing to the incurrence of the expense. In the event that one Party believes an additional educational expense is necessary and the other Party does not consent, the Party seeking the expense may petition the Court for an order allocating the cost. If either Party unilaterally incurs an additional educational expense without the other Party's prior written consent, the Party who incurred the expense shall be solely responsible for the cost unless the Court orders otherwise.

ARTICLE 5

EXTRACURRICULAR AND ENRICHMENT ACTIVITIES

Section 5.1. Cost-Sharing for Extracurricular Activities. The costs associated with the Children's extracurricular and enrichment activities shall be shared between the Parties in accordance with the following allocation: Medrano shall pay sixty percent (60%) and Fonseca shall pay forty percent (40%) of such costs. Extracurricular and enrichment activities include, but are not limited to, organized sports leagues and teams, individual and group sports instruction, music lessons and instrument rental, art classes, dance classes, martial arts instruction, foreign language instruction, coding or STEM programs, summer day camps, overnight camps, and similar activities and programs designed to enrich the Children's development.

The Parties acknowledge and agree that this reversed allocation—with Medrano bearing a higher proportionate share of extracurricular costs than his share of the Parties' combined income—is an integral part of the consideration supporting the downward deviation from the guideline child support amount set forth in Section 3.2 of this Agreement. Medrano's agreement to assume sixty percent (60%) of extracurricular costs is a material term of this Agreement and was negotiated as a component of the overall financial arrangement for the support of the Minor Children.

Section 5.2. Quarterly Cap. The sixty/forty percent (60/40) cost-sharing obligation set forth in Section 5.1 shall apply to extracurricular and enrichment activity costs up to a maximum of One Thousand Five Hundred Dollars ($1,500.00) per Child per calendar quarter (i.e., January through March, April through June, July through September, and October through December). The following provisions shall govern costs in excess of the quarterly cap:

(a) Any extracurricular or enrichment activity cost that would cause the total cost for a particular Child in a particular calendar quarter to exceed $1,500.00 requires the mutual written consent of both Parties before the cost is incurred.

(b) In the absence of mutual written consent, the Parent who unilaterally enrolls the Child in an activity or incurs a cost that causes the quarterly cap to be exceeded shall bear the excess cost solely and shall not be entitled to seek reimbursement from the other Party for any amount exceeding $1,500.00 per Child per quarter.

(c) Mutual written consent may be provided by email, text message, or any other written communication that clearly evidences the consent of both Parties to the specific activity and its cost.

Section 5.3. Selection of Activities. Each Parent may enroll a Child in extracurricular and enrichment activities during that Parent's custodial time, subject to the cost caps and consent requirements set forth in Sections 5.1 and 5.2 above. The following principles shall govern the selection of extracurricular and enrichment activities:

(a) Neither Parent shall enroll a Child in any activity that unreasonably interferes with the other Parent's custodial time without the other Parent's prior written consent. An activity shall be deemed to "unreasonably interfere" with the other Parent's custodial time if it requires the Child's participation during the other Parent's scheduled custodial time on a recurring or regular basis without the other Parent's agreement.

(b) In selecting activities, both Parents shall give due consideration to the Children's expressed interests, developmental needs, and existing commitments, and shall endeavor to ensure that the Children's activity schedules are manageable and age-appropriate.

(c) Both Parents shall promptly inform the other Parent of any activities in which they have enrolled a Child, including the name of the activity, the schedule, the location, the cost, and the name and contact information of any instructor or coach.

ARTICLE 6

HEALTHCARE AND MEDICAL EXPENSES

Section 6.1. Health Insurance Coverage. The Minor Children shall remain enrolled in Fonseca's employer-sponsored health insurance plan through Luminos Entertainment Group, Inc. (the "Luminos Plan"), which is currently underwritten by Veridian Health Insurance Co. (the "Luminos/Veridian Plan"). The following provisions shall apply to the Children's health insurance coverage:

(a) Maintenance of Coverage. Fonseca shall maintain the Children's enrollment and coverage on the Luminos/Veridian Plan for so long as such coverage is available to Fonseca through her employment with Luminos or any successor employer that provides comparable group health insurance benefits. Fonseca shall not voluntarily terminate or reduce the Children's coverage without the prior written consent of Medrano.

(b) Premium Payments. Fonseca shall pay the employee premium share for dependent coverage under the Luminos/Veridian Plan. The cost of the employee premium share for dependent coverage shall be borne solely by Fonseca and shall not be subject to the cost-sharing provisions of this Agreement.

(c) Loss of Coverage. In the event that the Luminos/Veridian Plan becomes unavailable to Fonseca (whether due to a change of employment, plan termination, or other cause), or in the event that Fonseca's employer ceases to offer dependent coverage, the Parties shall promptly confer regarding substitute health insurance coverage for the Children. The cost of any substitute coverage shall be shared seventy percent (70%) by Fonseca and thirty percent (30%) by Medrano, unless the Parties mutually agree to a different allocation.

(d) Insurance Cards and Information. Fonseca shall provide Medrano with current health insurance cards for each Child, together with all information reasonably necessary for Medrano to obtain covered medical services for the Children during his custodial time, including the plan summary, provider directory, and claims submission procedures.

Section 6.2. Unreimbursed Medical, Dental, Orthodontic, and Mental Health Expenses. All unreimbursed (out-of-pocket) medical, dental, orthodontic, vision, and mental health expenses incurred for the benefit of the Minor Children shall be shared between the Parties as follows: Fonseca shall pay seventy percent (70%) and Medrano shall pay thirty percent (30%) of all such expenses. This cost-sharing obligation includes, but is not limited to, the following categories of expenses:

(a) Co-payments, co-insurance, and deductibles under the Luminos/Veridian Plan or any substitute plan;

(b) Medical, dental, orthodontic, vision, and mental health treatment, services, or procedures that are not covered by the Luminos/Veridian Plan or any substitute plan;

(d) The cost of eyeglasses, contact lenses, hearing aids, orthotic devices, or other medically necessary devices; and

(e) Any other healthcare-related expense incurred for the benefit of the Children that is not reimbursed by the health insurance plan.

The Parent who incurs or pays an unreimbursed healthcare expense for a Child shall provide written notice and supporting documentation to the other Parent within thirty (30) calendar days of incurring or paying the expense. Supporting documentation shall include, at a minimum, itemized receipts, Explanation of Benefits ("EOB") statements from the insurance carrier, and such other documentation as may be reasonably necessary to verify the nature and amount of the expense. The other Parent shall reimburse their respective share of the expense within thirty (30) calendar days of receipt of the written notice and documentation.

Section 6.3. Consent for Non-Emergency Treatment. The following provisions shall govern the Parties' obligations regarding consent for healthcare treatment:

(a) Non-Emergency Treatment. For any non-emergency medical, dental, orthodontic, or mental health treatment for a Child that is expected to cost more than Five Hundred Dollars ($500.00) out-of-pocket (i.e., the amount not covered by insurance), both Parents shall consult with each other and consent to the treatment in advance before the treatment is obtained. This consultation obligation applies to elective procedures, orthodontic treatment plans, ongoing mental health therapy, and similar non-urgent care.

(b) Emergency Treatment. In the case of a medical, dental, or mental health emergency, either Parent may obtain necessary emergency treatment for a Child without prior consultation with or consent from the other Parent. The Parent who obtains emergency treatment shall provide notice to the other Parent as soon as reasonably practicable under the circumstances, including information regarding the nature of the emergency, the treatment obtained, the healthcare provider, and the expected cost.

(c) Disputes Regarding Treatment. In the event that the Parents disagree regarding the necessity or appropriateness of a non-emergency treatment, either Parent may seek the guidance of the Children's primary care physician or other treating provider, or may petition the Court for a determination.

ARTICLE 7

TAX MATTERS

Section 7.1. Dependency Exemptions and Tax Credits. For federal and state income tax purposes, the Parties agree to the following allocation of the right to claim the Minor Children as dependents for purposes of all applicable tax credits, deductions, and benefits (including, without limitation, the federal Child Tax Credit, the Earned Income Tax Credit if applicable, and the California dependent exemption credit):

(a) Odd-Numbered Tax Years (i.e., tax years 2023, 2025, 2027, etc.): Fonseca shall claim Isabela Luz Fonseca-Medrano as a dependent, and Medrano shall claim Mateo Elías Fonseca-Medrano as a dependent.

(b) Even-Numbered Tax Years (i.e., tax years 2024, 2026, 2028, etc.): The allocations shall reverse, such that Fonseca shall claim Mateo Elías Fonseca-Medrano as a dependent, and Medrano shall claim Isabela Luz Fonseca-Medrano as a dependent.

Each Party shall execute any Internal Revenue Service forms, California Franchise Tax Board forms, or other federal or state tax forms that may be necessary to effectuate this alternating allocation, including but not limited to IRS Form 8332 (Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent), within a reasonable time following a written request by the other Party. Neither Party shall claim both Children as dependents in the same tax year, and neither Party shall claim a Child as a dependent in a tax year in which the other Party is entitled to claim that Child under this Section 7.1.

Section 7.2. No Alimony or Support Characterization for Tax Purposes. The child support payments required to be made by Fonseca to Medrano under this Agreement are not deductible by Fonseca for federal or state income tax purposes, and are not includable in Medrano's gross income for federal or state income tax purposes. The Parties acknowledge that under current federal tax law (the Tax Cuts and Jobs Act of 2017, Pub. L. 115-97, as amended), child support payments are neither deductible by the payor nor taxable to the payee. The Parties shall not characterize any payment made under this Agreement as alimony, spousal support, or separate maintenance for any tax purpose.

ARTICLE 8

ANNUAL REVIEW AND MODIFICATION

Section 8.1. Annual Review. The child support amount, cost-sharing percentages, and all other financial provisions of this Agreement shall be subject to review by the Parties on each anniversary of the date of entry of the court order approving this Agreement, or at any time upon a material change in circumstances as defined in Section 8.2 below. The annual review is intended to provide the Parties with a structured opportunity to assess whether the financial terms of this Agreement continue to serve the best interests of the Minor Children in light of the Parties' then-current financial circumstances, the Children's needs, and other relevant factors. Nothing in this Section 8.1 shall be construed to require either Party to agree to modify the terms of this Agreement in the absence of a material change in circumstances.

Section 8.2. Material Change in Circumstances. A material change in circumstances warranting review and potential modification of the terms of this Agreement shall include, but not be limited to, any of the following:

(a) A change in either Party's gross annual income exceeding fifteen percent (15%), whether an increase or a decrease, from the income figures set forth in Article 1 of this Agreement (i.e., $870,000.00 for Fonseca or $340,000.00 for Medrano);

(b) A change in the custodial timeshare of the Minor Children exceeding ten percent (10%) from the 63.6% / 36.4% timeshare split set forth in Recital G and used in the guideline calculation;

(c) A material change in the Children's educational needs, including but not limited to a change of school, enrollment in a school with significantly different tuition costs, or identification of special educational needs requiring additional services;

(d) A material change in the Children's healthcare needs that significantly affects healthcare costs, including but not limited to the diagnosis of a chronic medical condition, a need for ongoing specialty care, or a change in health insurance coverage;

(e) The loss of employment by either Party, or a sustained period of involuntary unemployment or underemployment;

(f) The relocation of either Party to a geographic area with a substantially different cost of living; or

(g) Any other change in circumstances that would, under California law, constitute a material change warranting modification of child support.

Either Party may request review and modification of this Agreement by providing written notice to the other Party in accordance with Section 11.5. Upon receipt of such notice, the Parties shall confer in good faith and endeavor to reach agreement on any appropriate modifications. If the Parties are unable to reach agreement within forty-five (45) calendar days of the written notice, either Party may petition the Court for a modification of child support.

Section 8.3. Cost-of-Living Adjustments. The Parties may agree in writing to annual cost-of-living adjustments ("COLA") to the child support amount set forth in Section 3.1. Any such COLA shall be based on changes in the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim metropolitan statistical area, as published by the United States Bureau of Labor Statistics, measured from the most recent twelve-month period for which data is available. For the avoidance of doubt, neither Party is obligated to consent to a cost-of-living adjustment absent a material change in circumstances as defined in Section 8.2, and the failure of the Parties to agree on a COLA shall not constitute a default or breach of this Agreement.

ARTICLE 9

ENFORCEMENT AND REMEDIES

Section 9.1. Court Jurisdiction. The Superior Court of California, County of Los Angeles retains continuing and exclusive jurisdiction over all child support matters arising under this Agreement, pursuant to the California Family Code, including but not limited to California Family Code Sections 3550, 3587, 3651, 4000 et seq., and 5100 et seq. The Parties consent to the continuing jurisdiction of the Superior Court of California, County of Los Angeles for all purposes related to the enforcement, modification, or interpretation of this Agreement.

Section 9.2. Enforcement. Upon approval by the Court, this Agreement shall have the full force and effect of a court order and shall be enforceable by all remedies available under the California Family Code, the California Code of Civil Procedure, and any other applicable law. Enforcement remedies available to either Party shall include, but not be limited to, the following:

(a) Contempt proceedings pursuant to California Code of Civil Procedure Section 1209 et seq.;

(b) Income withholding/wage assignment orders pursuant to California Family Code Section 5230 et seq.;

(d) Liens on real and personal property;

(e) Suspension of drivers' licenses and professional licenses;

(f) Any other remedy available under California law for the enforcement of child support orders.

The prevailing party in any enforcement action or proceeding arising out of a breach or violation of this Agreement shall be entitled to recover their reasonable attorney's fees and costs incurred in connection with such action or proceeding, in addition to any other relief to which they may be entitled.

Section 9.3. Interest on Late Payments. Any child support payment required under Section 3.1, or any cost-sharing payment required under Articles 4, 5, or 6 of this Agreement, that is not made within ten (10) calendar days of the applicable due date shall accrue interest at the legal rate of ten percent (10%) per annum, as provided by California Family Code Section 685.010 and Code of Civil Procedure Section 685.010. Interest shall accrue from the date on which the payment was originally due until the date on which the payment is received in full by the payee. The accrual of interest shall be in addition to, and not in lieu of, any other remedies available to the payee under this Agreement or applicable law.

ARTICLE 10

CONFIDENTIALITY

Section 10.1. Non-Disclosure of Financial Terms. Neither Party shall disclose the financial terms of this Agreement to any third party, except as follows:

(a) To the Party's own legal counsel, accountant, tax advisor, financial planner, or other professional advisor retained by the Party in connection with matters arising under this Agreement, provided that such advisor is informed of the confidential nature of the information and agrees to maintain its confidentiality;

(b) As required by valid court order, subpoena, or other compulsory legal process;

(c) As required by applicable law or regulation, including but not limited to any disclosure required in connection with the filing of tax returns or financial statements; or

(d) With the prior written consent of the other Party.

The court file in this matter has been sealed pursuant to California Rules of Court, Rule 2.550 et seq., and the Parties shall take no action to unseal the file, or any portion thereof, without the prior written consent of the other Party or an order of the Court. Each Party shall promptly notify the other Party if they receive any request or demand from a third party to disclose the terms of this Agreement or to unseal the court file.

Section 10.2. Non-Disparagement. This Agreement incorporates by reference the mutual non-disparagement clause set forth in Article 12 of the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024. Each Party reaffirms their commitment to refrain from making disparaging, derogatory, or defamatory statements about the other Party in the presence of the Minor Children, or to any third party, regarding matters related to this Agreement, the dissolution proceedings, or the other Party's parenting or financial circumstances.

ARTICLE 11

GENERAL PROVISIONS

Section 11.1. Integration. This Agreement, together with the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024, and its Exhibits A and B, constitutes the entire agreement between the Parties regarding child support and all related financial matters for the Minor Children. This Agreement supersedes all prior negotiations, representations, warranties, commitments, offers, and agreements between the Parties, whether oral or written, with respect to the subject matter hereof. No Party has relied upon any representation or promise not expressly set forth in this Agreement or the Parenting Plan Agreement.

Section 11.2. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, including without limitation the California Family Code, as the same may be amended from time to time. To the extent that any provision of this Agreement is inconsistent with a mandatory provision of the California Family Code or other applicable California law, such mandatory provision shall control.

Section 11.3. Severability. If any provision of this Agreement, or any portion thereof, is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such finding shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement, which shall continue in full force and effect. In the event that any provision is found to be invalid or unenforceable, the Parties shall negotiate in good faith to agree upon a substitute provision that is valid and enforceable and that, to the greatest extent possible, achieves the original intent and economic effect of the invalid or unenforceable provision.

Section 11.4. Amendments. This Agreement may be amended, modified, or supplemented only by a written instrument signed by both Parties and, to the extent required by applicable law or the circumstances, approved by the Court. No oral agreement, course of conduct, or course of dealing shall be deemed to amend, modify, or supplement this Agreement. Any amendment to this Agreement shall be filed with the Court and, upon approval, shall have the same force and effect as the original Agreement.

Section 11.5. Notices. All notices, requests, demands, consents, and other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given when: (a) delivered by hand; (b) sent by certified mail, return receipt requested, postage prepaid; (c) sent by nationally recognized overnight courier service (e.g., Severin Partners LLC, Halcyon Partners LLC); or (d) sent by email, provided that the sending Party receives confirmation of receipt from the recipient. Notices shall be addressed to the Parties as follows:

If to Fonseca:

Marguerite Delphine Fonseca 1742 Laurel Canyon Boulevard, Unit 3A Studio City, California 91604

With a copy to counsel:

Calderwood & Harkness LLP

Attn: Devon Archer / Priya Anand

777 South Flower Street, Suite 3400 Los Angeles, California 90017

If to Medrano:

Rafael Joaquín Medrano 609 Moorpark Street, Apt. 12 North Hollywood, California 91602

With a copy to counsel:

Kwan, Delacroix & Samuels LLP

Attn: Gwendolyn R. Kwan / Benjamin T. Okafor

4400 Riverside Drive, Suite 700 Burbank, California 91505

Either Party may change their address for purposes of notices under this Agreement by providing written notice of the new address to the other Party and to the other Party's counsel in accordance with this Section 11.5.

Section 11.6. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile, PDF, or other electronic means shall have the same force and effect as original signatures.

Section 11.7. Voluntary Execution. Each Party acknowledges and represents that:

(a) They have read this Agreement in its entirety and understand all of its terms and conditions;

(b) They have been advised by independent legal counsel of their own choosing regarding the legal effect and consequences of this Agreement;

(d) They have entered into this Agreement voluntarily and without coercion, duress, fraud, or undue influence of any kind;

(e) They are satisfied that the terms of this Agreement are fair, reasonable, and in the best interests of the Minor Children; and

(f) They are executing this Agreement with full knowledge of its legal significance and binding effect.

SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Child Support Agreement as of the date first set forth above.

________________________________________

MARGUERITE DELPHINE FONSECA Petitioner / Mother

Date: ________

________________________________________

RAFAEL JOAQUÍN MEDRANO Respondent / Father

Date: ________

APPROVED AS TO FORM AND CONTENT:

________________________________________

DEVON ARCHER Calderwood & Harkness LLP 777 South Flower Street, Suite 3400 Los Angeles, California 90017 Counsel for Petitioner Marguerite Delphine Fonseca

Date: ________

________________________________________

GWENDOLYN R. KWAN (SBN 218453) Kwan, Delacroix & Samuels LLP 4400 Riverside Drive, Suite 700 Burbank, California 91505 Counsel for Respondent Rafael Joaquín Medrano

Date: ________

________________________________________

TESSA L. BRANNIGAN (SBN 267894) 6320 Canoga Avenue, Suite 1500 Woodland Hills, California 91367 Minor's Counsel (appointed June 22, 2023, pursuant to Family Code § 3150)

Date: ________

ORDER OF THE COURT

The Court, having reviewed the foregoing Child Support Agreement, attached to the Stipulation for Judgment re Custody, Parenting Plan & Child Support filed January 31, 2024, and having considered the parties' stipulation, the DissoMaster guideline calculation, the justification for deviation from guideline support, the declaration of Minor's Counsel, and all other papers and pleadings on file herein, and good cause appearing therefor:

IT IS HEREBY ORDERED that the foregoing Child Support Agreement, attached to the Stipulation for Judgment filed January 31, 2024, is approved and incorporated into the order of this Court. The terms and conditions set forth in the Child Support Agreement shall be binding upon the parties and enforceable as an order of this Court, subject to the continuing jurisdiction of this Court to modify child support as provided by law.

IT IS FURTHER ORDERED that the deviation from the guideline child support amount is approved. The Court finds, pursuant to California Family Code Section 4057(b), that the agreed child support amount of $1,100.00 per month, together with the cost-sharing provisions set forth in the Child Support Agreement, is in the best interests of the minor children, and that the needs of the children are being adequately met by the agreed amount and the cost-sharing provisions.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
STANLEY MOSK COURTHOUSE
CHILD SUPPORT AGREEMENT
Attachment to Stipulation for Judgment re Custody, Parenting Plan & Child Support
This Child Support Agreement (this "Agreement") is entered into as of January 31, 2024, by and between the parties identified below, and is attached to and incorporated by reference into the Stipulation for Judgment re Custody, Parenting Plan & Child Support filed contemporaneously herewith in the above-captioned matter.
RECITALS
A. Identification of the Parties. This Agreement is made by and between the following parties:
(i) Marguerite Delphine Fonseca ("Fonseca" or "Mother"), an individual currently residing at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604; and
(ii) Rafael Joaquín Medrano ("Medrano" or "Father"), an individual currently residing at 609 Moorpark Street, Apt. 12, North Hollywood, California 91602.
Fonseca and Medrano are sometimes referred to individually as a "Party" and collectively as the "Parties."
B. Background of Proceedings. The Parties were registered domestic partners in the State of California, having registered their domestic partnership with the California Secretary of State on September 12, 2015, under File No. DP-2015-038741. On July 8, 2022, Fonseca filed a Petition for Dissolution of Domestic Partnership in the Superior Court of California, County of Los Angeles, which was assigned Case No. 22STFL09847. A Judgment of Dissolution was entered by the Court on November 3, 2022, which dissolved the domestic partnership but expressly reserved jurisdiction over all matters pertaining to the custody, visitation, and support of the Parties' minor children. Thereafter, on May 2, 2023, a Request for Order re Custody and Child Support was filed, seeking resolution of the reserved custody and support issues. This Agreement is intended to resolve all reserved child support issues in this matter, including the amount of child support, the allocation of educational costs, the allocation of healthcare costs, and all related financial matters pertaining to the support and maintenance of the Parties' minor children.
C. Minor Children. The Parties are the parents of two minor children, namely:
(i) Isabela Luz Fonseca-Medrano, born February 11, 2017, currently six (6) years of age; and
(ii) Mateo Elías Fonseca-Medrano, born August 29, 2019, currently four (4) years of age.
Isabela and Mateo are sometimes referred to individually as a "Child" and collectively as the "Children" or the "Minor Children." Both Children are currently enrolled at Ridgeview Academy, a private educational institution located at 4515 Sepulveda Boulevard, Sherman Oaks, California 91403. Isabela is enrolled in the first grade and Mateo is enrolled in the pre-kindergarten program at Ridgeview Academy.
D. Representation of Counsel. Each Party is represented by independent legal counsel in connection with this Agreement, as follows:
(i) Fonseca is represented by the law firm of Calderwood & Harkness LLP, located at 777 South Flower Street, Suite 3400, Los Angeles, California 90017, through Devon Archer, Lead Associate, and Priya Anand, Partner.
(ii) Medrano is represented by the law firm of Kwan, Delacroix & Samuels LLP, located at 4400 Riverside Drive, Suite 700, Burbank, California 91505, through Gwendolyn R. Kwan, Partner (California State Bar No. 218453), and Benjamin T. Okafor, Associate (California State Bar No. 312776).
(iii) The Court has appointed Tessa L. Brannigan, Esq. (California State Bar No. 267894), of 6320 Canoga Avenue, Suite 1500, Woodland Hills, California 91367, as Minor's Counsel pursuant to California Family Code Section 3150. Minor's Counsel was appointed by order of this Court dated June 22, 2023, and has participated in the proceedings leading to this Agreement in her capacity as counsel for the Minor Children.
E. Mediation and Settlement. Prior to entering into this Agreement, the Parties participated in three (3) mediation sessions before the Honorable Constance M. Yee (Ret.), a mediator affiliated with Pacific Coast Dispute Resolution Services. The mediation sessions were conducted on the following dates: November 17, 2023; December 15, 2023; and January 19, 2024. This Agreement reflects the voluntary settlement reached by the Parties through the mediation process. Each Party acknowledges that the terms of this Agreement were negotiated at arm's length, in good faith, and with the benefit of independent legal counsel.
F. Incorporation into Stipulation for Judgment. This Agreement is attached to and incorporated by reference into the Stipulation for Judgment re Custody, Parenting Plan & Child Support filed contemporaneously herewith with the Superior Court of California, County of Los Angeles. This Agreement is intended to be read in conjunction with, and is supplementary to, the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024, together with its Exhibits A and B (the "Parenting Plan Agreement"). In the event of any conflict between the terms of this Agreement and the terms of the Parenting Plan Agreement with respect to child support or financial matters, the terms of this Agreement shall control.
G. Timeshare for Support Calculation Purposes. Pursuant to the Parenting Plan Agreement, the Parties have agreed to joint physical custody of the Minor Children, with primary physical residence with Fonseca. For purposes of the child support calculations set forth in this Agreement, the Parties' agreed annual custodial timeshare is as follows: Fonseca shall have approximately 232 overnights per year (approximately 63.6% of the annual timeshare), and Medrano shall have approximately 133 overnights per year (approximately 36.4% of the annual timeshare). This timeshare allocation is consistent with the custodial schedule set forth in the Parenting Plan Agreement and its Exhibits A and B.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1
INCOME OF THE PARTIES
Section 1.1. Income of Fonseca. Fonseca is currently employed as Senior Vice President, Original Content Development, at Luminos Entertainment Group, Inc. ("Luminos"), a corporation headquartered at 3200 West Olive Avenue, Burbank, California 91505. Fonseca's compensation from Luminos consists of the following components:
(a) Base Compensation. Fonseca's annual base salary is Four Hundred Eighty-Five Thousand Dollars ($485,000.00).
(b) Discretionary Bonus. Fonseca receives an annual discretionary bonus, the amount of which varies from year to year based on individual and company performance. Based on the three-year average of bonuses received by Fonseca for the tax years 2020, 2021, and 2022, Fonseca's average annual discretionary bonus is Two Hundred Ten Thousand Dollars ($210,000.00).
(c) Restricted Stock Units (RSUs). Fonseca participates in the Luminos Entertainment Group, Inc. equity incentive compensation program and receives grants of restricted stock units ("RSUs") that vest over time. Based on the vesting schedule currently in effect, the approximate annual value of RSUs vesting in Fonseca's favor is One Hundred Seventy-Five Thousand Dollars ($175,000.00).
(d) Total Annual Compensation. Fonseca's total annual compensation, for purposes of this Agreement, is Eight Hundred Seventy Thousand Dollars ($870,000.00), calculated as follows: $485,000.00 (base salary) + $210,000.00 (average annual discretionary bonus) + $175,000.00 (annual RSU vesting) = $870,000.00.
(e) Gross Monthly Income. For purposes of the child support calculations set forth in this Agreement, Fonseca's gross monthly income is Seventy-Two Thousand Five Hundred Dollars ($72,500.00), calculated by dividing total annual compensation of $870,000.00 by twelve (12) months.
Section 1.2. Income of Medrano. Medrano is a freelance cinematographer and director of photography who works primarily in the motion picture and television industries. Medrano performs the substantial majority of his professional services through his loan-out entity, Medrano Visuals, LLC, a California limited liability company. Due to the variable and project-based nature of Medrano's income, the Parties retained Harold K. Yamamoto, CPA/ABV/CFF, of the accounting firm Yamamoto Brace & Liu, LLP, to prepare a forensic income analysis of Medrano's earnings. Based on the forensic income analysis prepared by Mr. Yamamoto, which considered Medrano's income tax returns, bank statements, and business records for the tax years 2020, 2021, and 2022, Medrano's three-year average annual income is Three Hundred Forty Thousand Dollars ($340,000.00). For purposes of the child support calculations set forth in this Agreement, Medrano's imputed gross monthly income is Twenty-Eight Thousand Three Hundred Thirty-Three Dollars ($28,333.00), calculated by dividing three-year average annual income of $340,000.00 by twelve (12) months (rounded to the nearest dollar).
Section 1.3. Combined Gross Monthly Income. The combined gross monthly income of the Parties, for purposes of the child support calculations set forth in this Agreement, is One Hundred Thousand Eight Hundred Thirty-Three Dollars ($100,833.00), calculated as follows: $72,500.00 (Fonseca gross monthly income) + $28,333.00 (Medrano imputed gross monthly income) = $100,833.00.
ARTICLE 2
GUIDELINE CHILD SUPPORT CALCULATION
Section 2.1. DissoMaster Calculation. The Parties, through their respective counsel, have run the California guideline child support calculation using the DissoMaster software program, which is an approved and commonly utilized computer program for calculating guideline child support under California law. The following inputs were used in the DissoMaster calculation:
(a) Number of minor children: two (2);
(b) Gross monthly income of Fonseca (higher-earning parent): $72,500.00;
(c) Imputed gross monthly income of Medrano (lower-earning parent): $28,333.00;
(d) Custodial timeshare: Fonseca 63.6% / Medrano 36.4%;
(e) Tax filing statuses, applicable deductions, and other inputs as agreed upon by the Parties' respective counsel and consistent with each Party's current tax circumstances.
Based on the foregoing inputs, and in accordance with the statewide uniform guideline formula set forth in California Family Code Section 4055 et seq., the guideline child support amount is One Thousand Two Hundred Seventy-Four Dollars ($1,274.00) per month, payable by Fonseca to Medrano. A copy of the DissoMaster printout reflecting this calculation has been provided to each Party, to Minor's Counsel, and shall be filed with the Court as an attachment to the Stipulation for Judgment.
Section 2.2. Parties' Acknowledgment. Both Parties acknowledge and represent that they have been fully informed of the guideline child support amount of $1,274.00 per month, and that they understand their respective rights under the California Family Code with respect to the calculation, payment, and enforcement of child support. Each Party has had the opportunity to review the DissoMaster calculation with their respective counsel, to ask questions regarding the calculation, and to satisfy themselves as to its accuracy. Minor's Counsel, Tessa L. Brannigan, Esq., has independently reviewed the guideline calculation and the agreed deviation set forth in Article 3 below, and does not object to the deviation for the reasons stated therein.
ARTICLE 3
AGREED CHILD SUPPORT AMOUNT AND DEVIATION
Section 3.1. Agreed Monthly Child Support. Fonseca shall pay to Medrano the sum of One Thousand One Hundred Dollars ($1,100.00) per month as and for child support for the two Minor Children, Isabela Luz Fonseca-Medrano and Mateo Elías Fonseca-Medrano. The following terms and conditions shall apply to such payments:
(a) Due Date. Child support payments shall be due and payable on the first (1st) day of each calendar month, commencing on the first day of the month immediately following the date of entry of the court order approving this Agreement.
(b) Duration. Child support payments for each Child shall continue until the earliest to occur of the following events with respect to such Child: (i) the Child reaches the age of eighteen (18) years; (ii) the Child reaches the age of nineteen (19) years, provided that the Child is still a full-time high school student and is not otherwise self-supporting, in which case support shall continue until the Child completes the twelfth (12th) grade or reaches the age of nineteen (19), whichever occurs first; (iii) the Child becomes emancipated by operation of law or court order; (iv) the Child marries; or (v) the death of the Child.
(c) Reduction Upon Emancipation of One Child. Upon the occurrence of a termination event as described in subsection (b) above with respect to one Child, the child support obligation shall be recalculated for the remaining Child. The Parties agree to negotiate in good faith regarding the appropriate amount of child support for one remaining Child, and in the absence of agreement, either Party may petition the Court for a determination of the child support amount based on the guideline formula and the circumstances then existing.
Section 3.2. Deviation from Guideline. The agreed child support amount of $1,100.00 per month represents a downward deviation of One Hundred Seventy-Four Dollars ($174.00) per month from the guideline child support amount of $1,274.00 per month, as calculated in Section 2.1 above ($1,274.00 − $1,100.00 = $174.00). The legal basis for this deviation is California Family Code Section 4057(b), which permits the court to order child support in an amount other than the guideline amount upon a finding that application of the guideline formula would be unjust or inappropriate in the particular case.
The Parties stipulate that the deviation from the guideline amount is warranted for the following reasons:
(a) Medrano has agreed to assume a higher proportionate share (sixty percent (60%)) of the costs of the Children's extracurricular and enrichment activities, as set forth in Article 5 below, notwithstanding that Medrano's income represents a lower percentage of the Parties' combined income. This reversed allocation of extracurricular costs constitutes additional financial support for the Children that is not captured by the guideline formula.
(b) Taking into account the agreed child support amount, the tuition cost-sharing provisions set forth in Article 4, the extracurricular activity cost-sharing provisions set forth in Article 5, and the healthcare cost-sharing provisions set forth in Article 6, the Children's needs are being adequately met, and the overall financial arrangement is in the best interests of the Children.
(c) Both Parties and Minor's Counsel have reviewed the deviation and have determined that it is fair, reasonable, and in the best interests of the Minor Children.
The Parties stipulate that the agreed amount of $1,100.00 per month, together with the cost-sharing provisions set forth in Articles 4, 5, and 6 of this Agreement, is in the best interests of the Children and that the Children's needs are being adequately met by the agreed support amount and the cost-sharing provisions collectively.
Section 3.3. Method of Payment. Child support payments shall be made by electronic funds transfer (ACH, wire transfer, or similar electronic payment mechanism), personal check, cashier's check, or such other method as the Parties may agree upon in writing from time to time. Fonseca shall bear any transaction fees associated with the method of payment she selects.
No wage assignment order (also referred to as an income withholding order) shall issue at this time, so long as Fonseca remains current on all child support payments required under this Agreement. The Court retains full jurisdiction and authority to issue a wage assignment order pursuant to California Family Code Section 5230 et seq. in the event that Fonseca defaults on any child support payment or is otherwise in arrears. For purposes of this provision, a payment shall be deemed in default if it is not received by Medrano within ten (10) calendar days of the applicable due date.
ARTICLE 4
EDUCATION COSTS
Section 4.1. Current School Enrollment. Both Minor Children are currently enrolled at Ridgeview Academy, a private educational institution located at 4515 Sepulveda Boulevard, Sherman Oaks, California 91403. The Children's current enrollment and tuition obligations are as follows:
(a) Isabela Luz Fonseca-Medrano is enrolled in the first grade at Ridgeview Academy. The current annual tuition for Isabela is Thirty-Two Thousand Four Hundred Dollars ($32,400.00).
(b) Mateo Elías Fonseca-Medrano is enrolled in the pre-kindergarten program at Ridgeview Academy. The current annual tuition for Mateo is Twenty-Six Thousand Eight Hundred Dollars ($26,800.00).
(c) Total Combined Annual Tuition. The total combined annual tuition for both Children at Ridgeview Academy is Fifty-Nine Thousand Two Hundred Dollars ($59,200.00), calculated as follows: $32,400.00 (Isabela) + $26,800.00 (Mateo) = $59,200.00.
Section 4.2. Tuition Cost-Sharing. The Parties shall share the cost of tuition at Ridgeview Academy (or any successor educational institution agreed upon by the Parties) in accordance with the following allocation:
(a) Fonseca's Share. Fonseca shall pay seventy percent (70%) of the annual tuition for each Child. Based on current tuition rates, Fonseca's share is as follows:
(i) Isabela: $32,400.00 × 70% = $22,680.00 per year;
(ii) Mateo: $26,800.00 × 70% = $18,760.00 per year;
(iii) Total annual tuition obligation for Fonseca: $41,440.00.
(b) Medrano's Share. Medrano shall pay thirty percent (30%) of the annual tuition for each Child. Based on current tuition rates, Medrano's share is as follows:
(i) Isabela: $32,400.00 × 30% = $9,720.00 per year;
(ii) Mateo: $26,800.00 × 30% = $8,040.00 per year;
(iii) Total annual tuition obligation for Medrano: $17,760.00.
(c) Payment Directly to Ridgeview Academy. Tuition payments shall be made by each Party directly to Ridgeview Academy in accordance with the school's billing schedule. Each Party is individually responsible for ensuring that their respective share of tuition is paid to Ridgeview Academy on time. In the event that one Party pays more than their allocated share of tuition to avoid a late penalty or to maintain the Children's enrollment, the overpaying Party shall be entitled to seek reimbursement from the other Party for the amount paid in excess of their allocated share.
(d) Mandatory Fees. The seventy/thirty percent (70/30) cost-sharing allocation shall apply not only to tuition, but also to all mandatory school fees, annual registration fees, required supply fees, technology fees, and any other fees assessed by Ridgeview Academy that are required as a condition of enrollment or continued attendance.
Section 4.3. Continuation of Private School Enrollment. The Minor Children shall continue to attend Ridgeview Academy unless both Parties agree in writing to a change of school. Neither Party shall unilaterally withdraw either Child from Ridgeview Academy or enroll either Child in a different school without the prior written consent of the other Party. In the event that the Parties are unable to agree on a change of school, Fonseca shall have tie-breaking authority on educational decisions pursuant to the terms of the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024.
In the event that tuition at Ridgeview Academy increases for any academic year, the seventy/thirty percent (70/30) cost-sharing ratio shall continue to apply to the increased tuition amount, and each Party shall be responsible for their respective percentage share of the increased tuition, unless the Parties mutually agree in writing to a different allocation or the Court orders a modification.
Section 4.4. Future Educational Expenses. In addition to tuition and mandatory school fees, the Parties acknowledge that the Children may from time to time require additional educational services or supports, including but not limited to private tutoring, educational or psychoeducational assessments, learning disability evaluations, educational therapy, speech and language therapy, occupational therapy related to educational performance, and other similar services. The Parties shall confer in good faith regarding any such additional educational expenses.
Additional educational expenses of the types described above shall be shared seventy percent (70%) by Fonseca and thirty percent (30%) by Medrano, provided that both Parties have consented in advance and in writing to the incurrence of the expense. In the event that one Party believes an additional educational expense is necessary and the other Party does not consent, the Party seeking the expense may petition the Court for an order allocating the cost. If either Party unilaterally incurs an additional educational expense without the other Party's prior written consent, the Party who incurred the expense shall be solely responsible for the cost unless the Court orders otherwise.
ARTICLE 5
EXTRACURRICULAR AND ENRICHMENT ACTIVITIES
Section 5.1. Cost-Sharing for Extracurricular Activities. The costs associated with the Children's extracurricular and enrichment activities shall be shared between the Parties in accordance with the following allocation: Medrano shall pay sixty percent (60%) and Fonseca shall pay forty percent (40%) of such costs. Extracurricular and enrichment activities include, but are not limited to, organized sports leagues and teams, individual and group sports instruction, music lessons and instrument rental, art classes, dance classes, martial arts instruction, foreign language instruction, coding or STEM programs, summer day camps, overnight camps, and similar activities and programs designed to enrich the Children's development.
The Parties acknowledge and agree that this reversed allocation—with Medrano bearing a higher proportionate share of extracurricular costs than his share of the Parties' combined income—is an integral part of the consideration supporting the downward deviation from the guideline child support amount set forth in Section 3.2 of this Agreement. Medrano's agreement to assume sixty percent (60%) of extracurricular costs is a material term of this Agreement and was negotiated as a component of the overall financial arrangement for the support of the Minor Children.
Section 5.2. Quarterly Cap. The sixty/forty percent (60/40) cost-sharing obligation set forth in Section 5.1 shall apply to extracurricular and enrichment activity costs up to a maximum of One Thousand Five Hundred Dollars ($1,500.00) per Child per calendar quarter (i.e., January through March, April through June, July through September, and October through December). The following provisions shall govern costs in excess of the quarterly cap:
(a) Any extracurricular or enrichment activity cost that would cause the total cost for a particular Child in a particular calendar quarter to exceed $1,500.00 requires the mutual written consent of both Parties before the cost is incurred.
(b) In the absence of mutual written consent, the Parent who unilaterally enrolls the Child in an activity or incurs a cost that causes the quarterly cap to be exceeded shall bear the excess cost solely and shall not be entitled to seek reimbursement from the other Party for any amount exceeding $1,500.00 per Child per quarter.
(c) Mutual written consent may be provided by email, text message, or any other written communication that clearly evidences the consent of both Parties to the specific activity and its cost.
Section 5.3. Selection of Activities. Each Parent may enroll a Child in extracurricular and enrichment activities during that Parent's custodial time, subject to the cost caps and consent requirements set forth in Sections 5.1 and 5.2 above. The following principles shall govern the selection of extracurricular and enrichment activities:
(a) Neither Parent shall enroll a Child in any activity that unreasonably interferes with the other Parent's custodial time without the other Parent's prior written consent. An activity shall be deemed to "unreasonably interfere" with the other Parent's custodial time if it requires the Child's participation during the other Parent's scheduled custodial time on a recurring or regular basis without the other Parent's agreement.
(b) In selecting activities, both Parents shall give due consideration to the Children's expressed interests, developmental needs, and existing commitments, and shall endeavor to ensure that the Children's activity schedules are manageable and age-appropriate.
(c) Both Parents shall promptly inform the other Parent of any activities in which they have enrolled a Child, including the name of the activity, the schedule, the location, the cost, and the name and contact information of any instructor or coach.
ARTICLE 6
HEALTHCARE AND MEDICAL EXPENSES
Section 6.1. Health Insurance Coverage. The Minor Children shall remain enrolled in Fonseca's employer-sponsored health insurance plan through Luminos Entertainment Group, Inc. (the "Luminos Plan"), which is currently underwritten by Veridian Health Insurance Co. (the "Luminos/Veridian Plan"). The following provisions shall apply to the Children's health insurance coverage:
(a) Maintenance of Coverage. Fonseca shall maintain the Children's enrollment and coverage on the Luminos/Veridian Plan for so long as such coverage is available to Fonseca through her employment with Luminos or any successor employer that provides comparable group health insurance benefits. Fonseca shall not voluntarily terminate or reduce the Children's coverage without the prior written consent of Medrano.
(b) Premium Payments. Fonseca shall pay the employee premium share for dependent coverage under the Luminos/Veridian Plan. The cost of the employee premium share for dependent coverage shall be borne solely by Fonseca and shall not be subject to the cost-sharing provisions of this Agreement.
(c) Loss of Coverage. In the event that the Luminos/Veridian Plan becomes unavailable to Fonseca (whether due to a change of employment, plan termination, or other cause), or in the event that Fonseca's employer ceases to offer dependent coverage, the Parties shall promptly confer regarding substitute health insurance coverage for the Children. The cost of any substitute coverage shall be shared seventy percent (70%) by Fonseca and thirty percent (30%) by Medrano, unless the Parties mutually agree to a different allocation.
(d) Insurance Cards and Information. Fonseca shall provide Medrano with current health insurance cards for each Child, together with all information reasonably necessary for Medrano to obtain covered medical services for the Children during his custodial time, including the plan summary, provider directory, and claims submission procedures.
Section 6.2. Unreimbursed Medical, Dental, Orthodontic, and Mental Health Expenses. All unreimbursed (out-of-pocket) medical, dental, orthodontic, vision, and mental health expenses incurred for the benefit of the Minor Children shall be shared between the Parties as follows: Fonseca shall pay seventy percent (70%) and Medrano shall pay thirty percent (30%) of all such expenses. This cost-sharing obligation includes, but is not limited to, the following categories of expenses:
(a) Co-payments, co-insurance, and deductibles under the Luminos/Veridian Plan or any substitute plan;
(b) Medical, dental, orthodontic, vision, and mental health treatment, services, or procedures that are not covered by the Luminos/Veridian Plan or any substitute plan;
(c) Prescription medication costs not covered or not fully covered by the health insurance plan;
(d) The cost of eyeglasses, contact lenses, hearing aids, orthotic devices, or other medically necessary devices; and
(e) Any other healthcare-related expense incurred for the benefit of the Children that is not reimbursed by the health insurance plan.
The Parent who incurs or pays an unreimbursed healthcare expense for a Child shall provide written notice and supporting documentation to the other Parent within thirty (30) calendar days of incurring or paying the expense. Supporting documentation shall include, at a minimum, itemized receipts, Explanation of Benefits ("EOB") statements from the insurance carrier, and such other documentation as may be reasonably necessary to verify the nature and amount of the expense. The other Parent shall reimburse their respective share of the expense within thirty (30) calendar days of receipt of the written notice and documentation.
Section 6.3. Consent for Non-Emergency Treatment. The following provisions shall govern the Parties' obligations regarding consent for healthcare treatment:
(a) Non-Emergency Treatment. For any non-emergency medical, dental, orthodontic, or mental health treatment for a Child that is expected to cost more than Five Hundred Dollars ($500.00) out-of-pocket (i.e., the amount not covered by insurance), both Parents shall consult with each other and consent to the treatment in advance before the treatment is obtained. This consultation obligation applies to elective procedures, orthodontic treatment plans, ongoing mental health therapy, and similar non-urgent care.
(b) Emergency Treatment. In the case of a medical, dental, or mental health emergency, either Parent may obtain necessary emergency treatment for a Child without prior consultation with or consent from the other Parent. The Parent who obtains emergency treatment shall provide notice to the other Parent as soon as reasonably practicable under the circumstances, including information regarding the nature of the emergency, the treatment obtained, the healthcare provider, and the expected cost.
(c) Disputes Regarding Treatment. In the event that the Parents disagree regarding the necessity or appropriateness of a non-emergency treatment, either Parent may seek the guidance of the Children's primary care physician or other treating provider, or may petition the Court for a determination.
ARTICLE 7
TAX MATTERS
Section 7.1. Dependency Exemptions and Tax Credits. For federal and state income tax purposes, the Parties agree to the following allocation of the right to claim the Minor Children as dependents for purposes of all applicable tax credits, deductions, and benefits (including, without limitation, the federal Child Tax Credit, the Earned Income Tax Credit if applicable, and the California dependent exemption credit):
(a) Odd-Numbered Tax Years (i.e., tax years 2023, 2025, 2027, etc.): Fonseca shall claim Isabela Luz Fonseca-Medrano as a dependent, and Medrano shall claim Mateo Elías Fonseca-Medrano as a dependent.
(b) Even-Numbered Tax Years (i.e., tax years 2024, 2026, 2028, etc.): The allocations shall reverse, such that Fonseca shall claim Mateo Elías Fonseca-Medrano as a dependent, and Medrano shall claim Isabela Luz Fonseca-Medrano as a dependent.
Each Party shall execute any Internal Revenue Service forms, California Franchise Tax Board forms, or other federal or state tax forms that may be necessary to effectuate this alternating allocation, including but not limited to IRS Form 8332 (Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent), within a reasonable time following a written request by the other Party. Neither Party shall claim both Children as dependents in the same tax year, and neither Party shall claim a Child as a dependent in a tax year in which the other Party is entitled to claim that Child under this Section 7.1.
Section 7.2. No Alimony or Support Characterization for Tax Purposes. The child support payments required to be made by Fonseca to Medrano under this Agreement are not deductible by Fonseca for federal or state income tax purposes, and are not includable in Medrano's gross income for federal or state income tax purposes. The Parties acknowledge that under current federal tax law (the Tax Cuts and Jobs Act of 2017, Pub. L. 115-97, as amended), child support payments are neither deductible by the payor nor taxable to the payee. The Parties shall not characterize any payment made under this Agreement as alimony, spousal support, or separate maintenance for any tax purpose.
ARTICLE 8
ANNUAL REVIEW AND MODIFICATION
Section 8.1. Annual Review. The child support amount, cost-sharing percentages, and all other financial provisions of this Agreement shall be subject to review by the Parties on each anniversary of the date of entry of the court order approving this Agreement, or at any time upon a material change in circumstances as defined in Section 8.2 below. The annual review is intended to provide the Parties with a structured opportunity to assess whether the financial terms of this Agreement continue to serve the best interests of the Minor Children in light of the Parties' then-current financial circumstances, the Children's needs, and other relevant factors. Nothing in this Section 8.1 shall be construed to require either Party to agree to modify the terms of this Agreement in the absence of a material change in circumstances.
Section 8.2. Material Change in Circumstances. A material change in circumstances warranting review and potential modification of the terms of this Agreement shall include, but not be limited to, any of the following:
(a) A change in either Party's gross annual income exceeding fifteen percent (15%), whether an increase or a decrease, from the income figures set forth in Article 1 of this Agreement (i.e., $870,000.00 for Fonseca or $340,000.00 for Medrano);
(b) A change in the custodial timeshare of the Minor Children exceeding ten percent (10%) from the 63.6% / 36.4% timeshare split set forth in Recital G and used in the guideline calculation;
(c) A material change in the Children's educational needs, including but not limited to a change of school, enrollment in a school with significantly different tuition costs, or identification of special educational needs requiring additional services;
(d) A material change in the Children's healthcare needs that significantly affects healthcare costs, including but not limited to the diagnosis of a chronic medical condition, a need for ongoing specialty care, or a change in health insurance coverage;
(e) The loss of employment by either Party, or a sustained period of involuntary unemployment or underemployment;
(f) The relocation of either Party to a geographic area with a substantially different cost of living; or
(g) Any other change in circumstances that would, under California law, constitute a material change warranting modification of child support.
Either Party may request review and modification of this Agreement by providing written notice to the other Party in accordance with Section 11.5. Upon receipt of such notice, the Parties shall confer in good faith and endeavor to reach agreement on any appropriate modifications. If the Parties are unable to reach agreement within forty-five (45) calendar days of the written notice, either Party may petition the Court for a modification of child support.
Section 8.3. Cost-of-Living Adjustments. The Parties may agree in writing to annual cost-of-living adjustments ("COLA") to the child support amount set forth in Section 3.1. Any such COLA shall be based on changes in the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim metropolitan statistical area, as published by the United States Bureau of Labor Statistics, measured from the most recent twelve-month period for which data is available. For the avoidance of doubt, neither Party is obligated to consent to a cost-of-living adjustment absent a material change in circumstances as defined in Section 8.2, and the failure of the Parties to agree on a COLA shall not constitute a default or breach of this Agreement.
ARTICLE 9
ENFORCEMENT AND REMEDIES
Section 9.1. Court Jurisdiction. The Superior Court of California, County of Los Angeles retains continuing and exclusive jurisdiction over all child support matters arising under this Agreement, pursuant to the California Family Code, including but not limited to California Family Code Sections 3550, 3587, 3651, 4000 et seq., and 5100 et seq. The Parties consent to the continuing jurisdiction of the Superior Court of California, County of Los Angeles for all purposes related to the enforcement, modification, or interpretation of this Agreement.
Section 9.2. Enforcement. Upon approval by the Court, this Agreement shall have the full force and effect of a court order and shall be enforceable by all remedies available under the California Family Code, the California Code of Civil Procedure, and any other applicable law. Enforcement remedies available to either Party shall include, but not be limited to, the following:
(a) Contempt proceedings pursuant to California Code of Civil Procedure Section 1209 et seq.;
(b) Income withholding/wage assignment orders pursuant to California Family Code Section 5230 et seq.;
(c) Interception of tax refunds;
(d) Liens on real and personal property;
(e) Suspension of drivers' licenses and professional licenses;
(f) Any other remedy available under California law for the enforcement of child support orders.
The prevailing party in any enforcement action or proceeding arising out of a breach or violation of this Agreement shall be entitled to recover their reasonable attorney's fees and costs incurred in connection with such action or proceeding, in addition to any other relief to which they may be entitled.
Section 9.3. Interest on Late Payments. Any child support payment required under Section 3.1, or any cost-sharing payment required under Articles 4, 5, or 6 of this Agreement, that is not made within ten (10) calendar days of the applicable due date shall accrue interest at the legal rate of ten percent (10%) per annum, as provided by California Family Code Section 685.010 and Code of Civil Procedure Section 685.010. Interest shall accrue from the date on which the payment was originally due until the date on which the payment is received in full by the payee. The accrual of interest shall be in addition to, and not in lieu of, any other remedies available to the payee under this Agreement or applicable law.
ARTICLE 10
CONFIDENTIALITY
Section 10.1. Non-Disclosure of Financial Terms. Neither Party shall disclose the financial terms of this Agreement to any third party, except as follows:
(a) To the Party's own legal counsel, accountant, tax advisor, financial planner, or other professional advisor retained by the Party in connection with matters arising under this Agreement, provided that such advisor is informed of the confidential nature of the information and agrees to maintain its confidentiality;
(b) As required by valid court order, subpoena, or other compulsory legal process;
(c) As required by applicable law or regulation, including but not limited to any disclosure required in connection with the filing of tax returns or financial statements; or
(d) With the prior written consent of the other Party.
The court file in this matter has been sealed pursuant to California Rules of Court, Rule 2.550 et seq., and the Parties shall take no action to unseal the file, or any portion thereof, without the prior written consent of the other Party or an order of the Court. Each Party shall promptly notify the other Party if they receive any request or demand from a third party to disclose the terms of this Agreement or to unseal the court file.
Section 10.2. Non-Disparagement. This Agreement incorporates by reference the mutual non-disparagement clause set forth in Article 12 of the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024. Each Party reaffirms their commitment to refrain from making disparaging, derogatory, or defamatory statements about the other Party in the presence of the Minor Children, or to any third party, regarding matters related to this Agreement, the dissolution proceedings, or the other Party's parenting or financial circumstances.
ARTICLE 11
GENERAL PROVISIONS
Section 11.1. Integration. This Agreement, together with the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024, and its Exhibits A and B, constitutes the entire agreement between the Parties regarding child support and all related financial matters for the Minor Children. This Agreement supersedes all prior negotiations, representations, warranties, commitments, offers, and agreements between the Parties, whether oral or written, with respect to the subject matter hereof. No Party has relied upon any representation or promise not expressly set forth in this Agreement or the Parenting Plan Agreement.
Section 11.2. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, including without limitation the California Family Code, as the same may be amended from time to time. To the extent that any provision of this Agreement is inconsistent with a mandatory provision of the California Family Code or other applicable California law, such mandatory provision shall control.
Section 11.3. Severability. If any provision of this Agreement, or any portion thereof, is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such finding shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement, which shall continue in full force and effect. In the event that any provision is found to be invalid or unenforceable, the Parties shall negotiate in good faith to agree upon a substitute provision that is valid and enforceable and that, to the greatest extent possible, achieves the original intent and economic effect of the invalid or unenforceable provision.
Section 11.4. Amendments. This Agreement may be amended, modified, or supplemented only by a written instrument signed by both Parties and, to the extent required by applicable law or the circumstances, approved by the Court. No oral agreement, course of conduct, or course of dealing shall be deemed to amend, modify, or supplement this Agreement. Any amendment to this Agreement shall be filed with the Court and, upon approval, shall have the same force and effect as the original Agreement.
Section 11.5. Notices. All notices, requests, demands, consents, and other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given when: (a) delivered by hand; (b) sent by certified mail, return receipt requested, postage prepaid; (c) sent by nationally recognized overnight courier service (e.g., Severin Partners LLC, Halcyon Partners LLC); or (d) sent by email, provided that the sending Party receives confirmation of receipt from the recipient. Notices shall be addressed to the Parties as follows:
If to Fonseca:
Marguerite Delphine Fonseca 1742 Laurel Canyon Boulevard, Unit 3A Studio City, California 91604
With a copy to counsel:
Calderwood & Harkness LLP
Attn: Devon Archer / Priya Anand
777 South Flower Street, Suite 3400 Los Angeles, California 90017
If to Medrano:
Rafael Joaquín Medrano 609 Moorpark Street, Apt. 12 North Hollywood, California 91602
With a copy to counsel:
Kwan, Delacroix & Samuels LLP
Attn: Gwendolyn R. Kwan / Benjamin T. Okafor
4400 Riverside Drive, Suite 700 Burbank, California 91505
Either Party may change their address for purposes of notices under this Agreement by providing written notice of the new address to the other Party and to the other Party's counsel in accordance with this Section 11.5.
Section 11.6. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile, PDF, or other electronic means shall have the same force and effect as original signatures.
Section 11.7. Voluntary Execution. Each Party acknowledges and represents that:
(a) They have read this Agreement in its entirety and understand all of its terms and conditions;
(b) They have been advised by independent legal counsel of their own choosing regarding the legal effect and consequences of this Agreement;
(c) They have had a full and fair opportunity to negotiate the terms of this Agreement;
(d) They have entered into this Agreement voluntarily and without coercion, duress, fraud, or undue influence of any kind;
(e) They are satisfied that the terms of this Agreement are fair, reasonable, and in the best interests of the Minor Children; and
(f) They are executing this Agreement with full knowledge of its legal significance and binding effect.
SIGNATURES
IN WITNESS WHEREOF, the Parties have executed this Child Support Agreement as of the date first set forth above.
________________________________________
MARGUERITE DELPHINE FONSECA Petitioner / Mother
Date: ________
________________________________________
RAFAEL JOAQUÍN MEDRANO Respondent / Father
Date: ________
APPROVED AS TO FORM AND CONTENT:
________________________________________
DEVON ARCHER Calderwood & Harkness LLP 777 South Flower Street, Suite 3400 Los Angeles, California 90017 Counsel for Petitioner Marguerite Delphine Fonseca
Date: ________
________________________________________
GWENDOLYN R. KWAN (SBN 218453) Kwan, Delacroix & Samuels LLP 4400 Riverside Drive, Suite 700 Burbank, California 91505 Counsel for Respondent Rafael Joaquín Medrano
Date: ________
________________________________________
TESSA L. BRANNIGAN (SBN 267894) 6320 Canoga Avenue, Suite 1500 Woodland Hills, California 91367 Minor's Counsel (appointed June 22, 2023, pursuant to Family Code § 3150)
Date: ________
ORDER OF THE COURT
The Court, having reviewed the foregoing Child Support Agreement, attached to the Stipulation for Judgment re Custody, Parenting Plan & Child Support filed January 31, 2024, and having considered the parties' stipulation, the DissoMaster guideline calculation, the justification for deviation from guideline support, the declaration of Minor's Counsel, and all other papers and pleadings on file herein, and good cause appearing therefor:
IT IS HEREBY ORDERED that the foregoing Child Support Agreement, attached to the Stipulation for Judgment filed January 31, 2024, is approved and incorporated into the order of this Court. The terms and conditions set forth in the Child Support Agreement shall be binding upon the parties and enforceable as an order of this Court, subject to the continuing jurisdiction of this Court to modify child support as provided by law.
IT IS FURTHER ORDERED that the deviation from the guideline child support amount is approved. The Court finds, pursuant to California Family Code Section 4057(b), that the agreed child support amount of $1,100.00 per month, together with the cost-sharing provisions set forth in the Child Support Agreement, is in the best interests of the minor children, and that the needs of the children are being adequately met by the agreed amount and the cost-sharing provisions.
________________________________________
HON. ________ Judge of the Superior Court
Date Entered: February 9, 2024
Case No. 22STFL09847
In re the Matter of: | Case No. 22STFL09847
MARGUERITE DELPHINE FONSECA,
Petitioner, | CHILD SUPPORT AGREEMENT
and | Attachment to Stipulation for Judgment
re Custody, Parenting Plan &
RAFAEL JOAQUÍN MEDRANO, | Child Support
Respondent.
Date: January 31, 2024
In re the Matter of: | Case No. 22STFL09847
MARGUERITE DELPHINE FONSECA,
Petitioner,
and
RAFAEL JOAQUÍN MEDRANO,
Respondent.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

STANLEY MOSK COURTHOUSE

CHILD SUPPORT AGREEMENT

RECITALS

ARTICLE 1

INCOME OF THE PARTIES

ARTICLE 2

GUIDELINE CHILD SUPPORT CALCULATION

ARTICLE 3

AGREED CHILD SUPPORT AMOUNT AND DEVIATION

ARTICLE 4

EDUCATION COSTS

ARTICLE 5

EXTRACURRICULAR AND ENRICHMENT ACTIVITIES

ARTICLE 6

HEALTHCARE AND MEDICAL EXPENSES

ARTICLE 7

TAX MATTERS

ARTICLE 8

ANNUAL REVIEW AND MODIFICATION

ARTICLE 9

ENFORCEMENT AND REMEDIES

ARTICLE 10

CONFIDENTIALITY

ARTICLE 11

GENERAL PROVISIONS

SIGNATURES

APPROVED AS TO FORM AND CONTENT:

ORDER OF THE COURT

Record

Parties

Dates

Amounts