Gwendolyn,
I hope this message finds you well ahead of the holidays. I am writing with reference to In re Fonseca / Medrano, Case No. 22STFL09847, Superior Court of California, County of Los Angeles (C&H Matter No. 1035-00002).
As you know, the parties participated in their second mediation session on December 15, 2023, before Hon. Constance M. Yee (Ret.) at Pacific Coast Dispute Resolution Services. We appreciated the constructive tone of the discussions that day and believe meaningful progress was made toward narrowing the outstanding issues. In that spirit, this email transmits Ms. Fonseca's revised timeshare and support proposal, which incorporates the framework discussed during mediation and is intended to bring the parties closer to a comprehensive agreement ahead of Mediation Session 3, which we understand will be scheduled for sometime in January 2024.
**Revised Timeshare Proposal**
During the school year, Ms. Fonseca proposes a custody schedule resulting in approximately 232 overnights per year with Ms. Fonseca and 133 overnights per year with Mr. Medrano, reflecting a 63.6% / 36.4% split. This represents a meaningful adjustment from Ms. Fonseca's initial proposal, which sought a larger share of overnights, and reflects our client's genuine recognition of the importance of Mr. Medrano's relationship with both Isabela and Mateo — a point well supported by the custody evaluation report delivered by Dr. Elena V. Sorensen on October 6, 2023, which recommended substantial custodial time for both parents. During the 10-week summer break (70 days), time would be split evenly — 35 overnights with each parent — on a 50/50 basis.
The parties would share joint physical custody, with primary residence designated with Ms. Fonseca, consistent with the children's current enrollment at Ridgeview Academy in Sherman Oaks and the proximity of Ms. Fonseca's Studio City residence to the school. The parties would also share joint legal custody, with tie-breaking authority on educational decisions vested in Ms. Fonseca, consistent with the position discussed at mediation.
We also propose retaining the on-location work provision discussed at Session 2: if either parent accepts work requiring travel of more than 14 consecutive calendar days, that parent's custodial time transfers to the other parent for those days, with make-up time to be scheduled within 60 days of the traveling parent's return. With respect to travel, we propose 30 days' written notice and written consent for any travel with the children outside the continental United States, and 14 days' written notice for domestic travel outside the State of California.
**Revised Child Support Proposal**
Based on the revised 63.6% / 36.4% timeshare, we have run a DissoMaster guideline calculation for two minor children using the following income inputs: Ms. Fonseca's gross monthly income of $72,500 (reflecting total annual compensation of $870,000, comprising a $485,000 base salary, $210,000 average annual bonus, and $175,000 in annual RSU vesting at Luminos Entertainment Group, Inc.); and Mr. Medrano's imputed gross monthly income of $28,333, based on a three-year average annual income of $340,000 as determined by the forensic income analysis performed by Harold K. Yamamoto of Yamamoto Brace & Liu, LLP. The combined gross monthly income is $100,833. Under these inputs, the DissoMaster guideline calculation yields $1,274 per month payable by Ms. Fonseca to Mr. Medrano.
Ms. Fonseca proposes an agreed child support amount of $1,100 per month — a deviation of $174 per month below guideline. As discussed below, this deviation is justified under Family Code § 4057(b) by Mr. Medrano's agreement to assume a higher share of extracurricular and enrichment costs, which effectively offsets the below-guideline support amount. We note that Minor's Counsel Tessa L. Brannigan has been consulted regarding this framework, and we anticipate sharing the formal proposal with her office as well.
**Extracurricular Cost-Sharing and Related Expenses**
To support the below-guideline deviation, Ms. Fonseca proposes that extracurricular and enrichment activity costs be split 60% Mr. Medrano / 40% Ms. Fonseca for activities costing up to $1,500 per child per quarter. Any costs exceeding that $1,500/child/quarter cap would require the mutual written consent of both parents before being incurred. This represents a shift from the initial proposal, which contemplated a 50/50 split, and reflects the trade-off for the reduced monthly support payment.
With respect to education costs, we propose maintaining the previously discussed 70% Fonseca / 30% Medrano split for Ridgeview Academy tuition for both children — Isabela ($32,400/year) and Mateo ($26,800/year) — for a total annual tuition of $59,200, with Ms. Fonseca's share at $41,440 and Mr. Medrano's share at $17,760. As to healthcare, the children would remain on Ms. Fonseca's employer-sponsored health insurance plan through Veridian Health Insurance Co. (the Luminos plan), and unreimbursed medical, dental, orthodontic, and mental health expenses would be split 70% Fonseca / 30% Medrano, consistent with the income differential between the parties.
**Next Steps**
We respectfully ask that you review this proposal with Mr. Medrano and provide a response at your earliest convenience — ideally before the end of the first week of January 2024 — so the parties can identify and address any remaining issues in advance of the third mediation session with Hon. Yee. I am happy to schedule a call between counsel at any point to discuss questions or counter-proposals.
It is our hope that the parties can reach a comprehensive agreement at or before the next session and avoid the need for a contested hearing. Please note that a formal written proposal with the detailed overnight-by-overnight calendar, holiday rotation schedule, and summer schedule is being finalized and will be circulated under separate cover shortly.
We wish you and your colleagues a restful holiday. Thank you for your continued professionalism in this matter.
Warm regards,
**Devon Archer** Associate Calderwood & Harkness LLP 777 South Flower Street, Suite 3400 Los Angeles, CA 90017 T: (213) 555-0194
---
*CONFIDENTIALITY NOTICE: This communication is confidential, may be protected by the attorney-client privilege and/or work product doctrine, and is subject to mediation privilege under California Evidence Code § 1115 et seq. It is intended solely for the use of the individual(s) to whom it is addressed. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, distribution, or use of this communication or its contents is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete all copies of the original message. Thank you.*