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Filing # 132277022 E-Filed 08/09/2021 12:25:51 PM

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,

IN AND FOR BROWARD COUNTY, FLORIDA

Case No.. FMCE 20-0011511

Division: Family

SERGIO RIVERA
Petitioner/Husband

and

SUSAN ROSARIO CUNEO ASENCIOS,

Respondent/Wife
i

MEDIATED MARITAL SETTLEMENT AGREEMENT

THIS AGREEMENT is made and entered by and between Susan Rosario Cuneo Asencios

(hereinafter the "Wife" or the "Mother"), a resident of Broward County, Florida, and Sergio Rivera

(hereinafter the "Husband" or the "Father"), a resident of Broward County, Florida (hereinafter the
"Agreement").
WITNESSETH

WHEREAS, the parties were married to each other on August 12, 2013 in Florida;
WHEREAS, there has been two (2) children born of the parties' marriage, A.R., born on

8/5/2016, who is approximately five (5) years of age and D.R., born on 9/22/2018, who is

approximately two (2) years and ten (10) months of age (hereinafter the "children" or the "minor
children") and no other issue are anticipated or contemplated.
WHEREAS, the parties have agreed to live separately and apart during the rest oftheir lives;

WHEREAS, the parties desire to settle and adjust forever all rights of support and

maintenance,property, and other rights, claims or demands arising out of their marital relationship,
and for the distribution of the marital and non-marital properties, as well as the establishment of a

parentingplan and child support and related expenses on behalfoftheir minor child;
WHEREAS, in consequence of disputes and irreconcilable differences, an action for the
dissolution of the parties' marriage has been filed in the Seventeenth Judicial Circuit in and for

Broward County, Florida; DS

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***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/09/2021 12:25:50 PM.****
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WHEREAS, the parties hereto are desirous of entering into an agreement under which they

may live separate and apart under which all oftheir rights, duties and obligations with regard to each
other are set forth;
WHEREAS, the parties concur that they have thoroughlyexplored their respective financial

positions as they presentlyexist and are contemplatedto be in the foreseeable future, all ofthe marital
conduct in their marriage, and all ofthe elements in determining temporary, rehabilitative,permanent

periodic alimony, durational alimony, lump sum alimony, unequal distribution, real and personal
property distribution, equitable distribution, any and all other personal financial obligations; and in
view of the parties' present intention to continue to live apart for the rest of their natural lives, they
have determinedthat it is in their own best interestto settle all ofthe questionsrelating to temporary,
rehabilitative, permanent periodic alimony, durational alimony, lump sum
alimony, unequal
distribution, real or personal property distribution, equitable distribution, and any and all other

personal financial obligations that might come into existence between them by execution of this

Agreement as opposed to, and in lieu of, a protracted and contested court proceeding with respect

thereto;
WHEREAS, the parties agree Husband will or has filed a petition for dissolution of

marriage and the Wife thereby accepts to waive service of process and to execute any document

required for such waiver. If the Wife does not execute such required Waiver of Service of Process,

this Agreement shall be deemed a Waiver of Service of Process. The parties also agree that the

Husband will move forward with a final judgment of dissolution of Marriage. This Agreement is

intended to be a full and complete settlement of all matters arising or which could have been

brought in that action, including but not limited to the division ofmarital assets and liabilities.This
Agreement is intended to be introduced into evidence in that dissolution of marriage action, and
to be incorporated in the final Judgment;

WHEREAS, the both parties were represented by legal counsel of their own selection, in
the negotiation of this Mediated Marital Settlement Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein

contained and other good and valuable consideration hereby acknowledged, and in further

consideration, the parties hereto mutually agree as follows:

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1. INCORPORATIONOF PREAMBLE CLAUSES: The parties hereto hereby

agree that all ofthe preamble clauses hereinabove set forth in this Agreement are hereby incorporated

by referenceinto, and are to be considered as part of this Agreement and all ofthe parties are entering
into same with the full knowledgeofthe foregoing facts and agreements as to the truthand correctness

thereof.

2. SEPARATION: The parties may and shall at all times hereinafter live and

continue to live separate and apart. Each shall be free from interference, authority and control, direct
or indirect, by the other, as fully as if he or she were sole and unmarried. Each may, for his or her

separate use and benefit, conduct, carry on and engage in any business, profession or employment
which to him or her may seem advisable.

3. NON-INTERFERENCE: The parties shall not harass, molest or interfere with

each other in either parties' home, work place or any other place, nor shall either of them compel or
attempt to compel the other to cohabit or dwell with him or her by any means whatsoever.

Additionally, neither party shall in any way interfere with the other party's private affairs or social

relationshipsin any manner whatsoever.

4. ACKNOWLEDGMENT OF LEGAL REPRESENTATION BY WIFE: The

Wife acknowledgesthat she has been represented by counsel ofher own selection in the negotiation
of this Marital Settlement Agreement and Parenting Plan. The Wife has been represented by
Nazarena Rosales Houser, Esquire, Family Matters Law Group, PA, 6950 Cypress Rd #107,
Plantation, FL 33317. The Wife has discussed each provision of this Agreement with her counsel

and has had the opportunityto ask questions ofher attorney with regard to same.

Further, the Wife acknowledgesthat her attorney is not an insurer ofthe terms and conditions
of the Agreement; is not an insurer that her Husband will comply with the provisions of the

Agreement; and has not insured or guaranteed that Florida law will not change. The Wife's attorney

has advised her that there is a possibility that Florida law may change either through a change by
decisional law or by the legislature. Although the Wife's lawyer may have discussed the possibility
of a change in the law, she acknowledges that her lawyer has no duty to predict accurately a change
in the law. Additionally, the Wife acknowledgesthat if the law changes, the change in the law may
materially affect her rights and obligations reflected in this Agreement. Lastly, the Wife
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acknowledges that she has not requested nor has obligated her attorney to be aware of questions
certified by the District Courts ofAppeal to the Florida Supreme Court and has specifically asked her
attorney not to researchthose issues so as to save a substantial amount of attorneys' fees.

5. ACKNOWLEDGMENT OF LEGAL REPRESENTATION BY HUSBAND:

The Husband acknowledgesthat he has been representedby counsel of his own selection in

the negotiation of this Marital Settlement Agreement and Parenting Plan. The Husband has been

representedby Cecilia Torello, Esquire, The International Family Law Firm, 3107 Stirling Road,
Suite 205, Fort Lauderdale, Florida 33312. The Husband has discussed each provision of this

Agreement with his counsel and has had the opportunity to ask questions of his attorney with regard
to same.

Further, the Husband acknowledges that his attorney is not an insurer of the terms and

conditions of the Agreement; is not an insurer that his Wife will comply with the provisions of the
Agreement; and has not insured or guaranteed that Florida law will not change. The Husband's

attorney has advised him that there is a possibility that Floridalaw may change either through a change

by decisional law or by the legislature. Although the Husband's lawyer may have discussed the

possibility of a change in the law, he acknowledgesthat his lawyer has no duty to predict accurately
a change in the law. Additionally, the Husband acknowledges that ifthe law changes, the change in
the law may materially affect his rights and obligations reflected in this Agreement. Lastly, the

Husband acknowledges that he has not requested nor has obligated his attorney to be aware of

questions certifiedby the District Courts of Appeal to the Florida Supreme Court and has specifically
asked his attorney not to research those issues so as to save a substantial amount of attorneys' fees.

6. TAX ADVICE The Husband and the Wife agree thattheyhave had the opportunity

to retain their own certifiedpublic accountant, accountant or tax attorney or tax advisorwith reference

to the tax implications ofthis Agreement. All parties acknowledge that they have not relied upon the
tax advice that may or may not have been givenbytheir respective attorneys. All parties acknowledge
that they have been advised to seek their own independent tax advice by retaining a certified public

accountant, accountant, tax attorney, or tax advisorwith referenceto the tax implications involved in
this Agreement. The signature of the Husband and Wife to this Agreement acknowledges that they
have read this particular paragraph and have had the opportunityto seek independenttax advice. The
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parties further acknowledge that they have been advised to have professionals in the field of inquiry
inspect and evaluate all assets. The parties further acknowledge that they have done so or have

instructedtheir attorney NOT to do so prior to executing this Agreement, and confirm their decision
by executing this Agreement.

7. KNOWLEDGE OF PARTIES: The parties acknowledge that they have read the
Agreement. The parties further acknowledge that this Agreement was executed and agreed to with

the full understanding ofits purpose and meaning; and the execution ofthis Agreement is the free and

voluntary act of each of the parties hereto. This Agreement is entered into without undue influence,
fraud, coercion or misrepresentation, each party believingthe terms to be fair, just, and reasonable.

8. DISCLOSURE BY WIFE: The Wife represents that she has made full and

complete financial disclosure to the Husband of her income, assets, liabilities, and expenses as they
exist as ofthe time ofthe execution ofthis Agreement, and she acknowledgesthat the Husband relied
upon her financial disclosure in entering into this Agreement.

9. DISCLOSURE BY HUSBAND: The Husband represents that he has made full

and complete financial disclosure to the Wife of his income, assets, liabilities, and expenses as they
exist as ofthe time ofthe execution ofthis Agreement, and he acknowledgesthat the Wife relied upon

his financial disclosure in entering into this Agreement.

10. CAPACITY: Each party acknowledges that they have the mental capacity
necessaryto enter into this Agreement. This Agreement is being entered into freely and voluntarily

without any duress or coercion whatsoever. Each party acknowledges that they have read and

understand each provision of this Agreement.

11 AUTHORSHIP: In the event that it becomes necessary for any reason to

construe this Agreement as permitted by the rules of evidence of the State of Florida, this

Agreement will be construed as being jointly prepared and written by all parties hereto. All ofthe

parties hereto agree that the terms and conditions contained herein have been negotiated,
renegotiated, and considered several times by the parties. The fact that one lawyer or the other
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prepared the actual final draft of this Agreement shall not be construed as having any ambiguity
contained in the Agreement read against that lawyer's client.

12. CHILD SUPPORT:

(a) Starting on August 1, 2021 the Husband's child support obligation to the

Wife shall be $83.41 per month, terminating on January 2022 inclusive. Commencing on
February 1,2022 the Husband shall pay the Wife the sum of $454.59 per month in child support.

(b) Said child support shall continue until A.R., reaches the age of eighteen (18)

on August 5,2034 or graduates from high school, so long as said graduation is on or by that child's
nineteenth(19th) birthday. After child support for the older minorchild terminates, the Husband shall

pay to the Wife, the sum of $286.60 per month as child support for the other minor child of the

parties. This child support shall continue until D.R., reaches the age of eighteen (18) on September
22,2036 or graduates from high school, so long as said graduation is on or by that child's nineteenth
(19th) birthday. The parties agree that as of the date of this Agreement there are neither arrears nor

retroactive child support due by either party. See Child Support Guidelines Worksheet attached
hereto and made a part hereof as Exhibits "A", "B" and "C".

(c)The Husband shall pay his monthly child support obligation to the Wife via

depository through Child Support Enforcement. Each Party shall be responsible for settingup their
own account with the depository within (20) twenty days of signing this agreement.
(d) The children will commence daycare/aftercare at this time due to the

employment of either parent. The cost of daycare/aftercare is not included in the child support

guidelines as the monthly cost varies depending on the work schedule and needs ofthe parents. The

Wife shall pay 35 % of such costs and the Husband shall pay 65 %. Each parent shall pay for any

such expense directly and timely as mandatedby the provider or each parent shall reimbursethe other
parent for any such expense within ten (10) days ofthe request for same by the other parent and upon

presentation of an invoice/receipt, as well as proof of payment (copy of cancelled check [back and

front] or credit or debit card statement evidencing payment or receipt for cash payment), by the

requestlngparent.

e) The parties agree to share the reasonable price ofthe child's

during any break from school and non-school days as follows: Wife shall pay 35 % of such costs and
the Husband shall pay 65 %. Both parties agree that such percentage will not be modifiable. Each
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parent shall pay for any such expense directly and timely as mandated by the provider or each parent
shall reimbursethe other parent for any such expense within ten (10) days ofthe request for same by
the other parent and upon presentation of an invoice/rece*t, as well as proof of payment (copy of

cancelled check [back and front] or credit or debit card statement evidencing payment or rece*t for
cash payment), by the requesting parent. Shared parental authority shall apply to the choice of the

child's camp/ (not babysitting)provider but consent cannot be unreasonablywithheld and the parent
who has the child shall be allowed to choose a camp. Different camp depending on the parents'
schedule with the child are always possible in order for the parents to have a provider close to their

domicile or work place.

f) The Husbands has agreed to reimburse the Wife 65% percent of $2880.00 ( the
Husband reimbursement payment shall never exceed $1872.00) for daycare/babysitting expenses,

reasonable school supplies, and medical co-payments for the minor children for the period between
June 1, 2020, through August 6, 2021, with the caveat that the Husband shall not be responsiblefor
any of the expenses described above unless the Wife presents to the Husband proof of an

invoice/receipt or proof of payment (copy of cancelled check [back and front] or credit or debit card

statement evidencing payment or rece*t for cash payment), within 15 days of this Agreement.
Husband shall make this payment to the Wife no later than twenty (20) days of being provided said
proof. Said payment shall be made directly into the Wife's bank account.

13. TERMINATION OF CHILD SUPPORT: Notwithstanding the language

contained in Article 12, child support shall specifically cease for the child as the child:

a. marries; or
b. dies; or

C enters the military service; or

d. by court order; or
e. becomes otherwise emanc*ated.

f. reaches the age of eighteen (18) or graduates from high school, so long
as said graduation is on or by that child's nineteenth (19th) birthday.

14. DEPENDENCY EXEMPTION:

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A) Each party shall claim one minor child as dependent for income tax purposes with the Wife

claiming the older child and the Husband claiming the youngest child. At such time as the

older child emanc*ates, the younger child exemption shall be alternated with the Husband

claiming the younger child on the first year immediately after the older child emancipates.

B) The parties agree that they will execute any declarationrequired by the Treasury Department
or the Internal Revenue Service to implement this agreement and agree to provide such declaration
to the other party within thirty (30) days of the execution of an agreement by the parties.

15. MEDICAL NEEDS OF THE MINOR CHILDREN:

(a) The Husband shall maintain the parties' minor children on the medical and hospitalization
insurance plan currentlyin full force and effect through the Husband's employer, as long as same
remains available, with each parent paying as follows: Father 65% and Mother 35%. In the event

said insurance coverage on behalfof the parties' minor child is not available, the parties shall obtain
the most affordable, comparable coverage on behalf of the parties' minor child and shall mutually
agree upon the selectionof such insurance plan on behalfoftheirminor child.

(b) Medical and hospitalization insurance on behalf of the parties' minor

children shall be maintained by the parties until the parties' children attain eighteen (18) years of

age or graduate from high school, so long as said graduation is on or by the child's nineteenth (19th)
birthday.
(c) The Father shall furnish to the Mother all documentationincluding, but not

limited to, duplicate insurance cards, papers, claim forms, etc., necessary for her to utilize the

existing medical and hospitalization insurance policy on behalfofthe parties' minor child pursuant
to this Agreement.
(d) Further, the parties shall both have access to all documentation, papers,
claim forms, etc., necessary for them to utilize the existing medical and hospitalization insurance

policy on behalf of the parties' minor child pursuant to this Agreement. The Father shall execute

whatever documents are required by the insurance carrier to authorize the Mother to have direct

contact with the insurance carrier.

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(e) The parties further agree that they will only utilize doctors enumerated as in

network authorized providers in the child's health insurance plan to provide medical care on behalf

ofthe parties' minor child. If either party decides to take the parties' minor child to a physician/health
care provider not covered by the plan, that party will be solely responsible for all such medical

expenses incurred, except in the case of a true emergency or the plan not having a physician with the

specialtyrequired by the child or the child has a

major medical condition where a
specialist and/or
specialfacilitywilllikelyrenderthe child higher and/or superior care. Neitherpartywill unreasonably
withhold their consent to such specialist or special care facility; however, the selection of any such

specialist, special care facility or the need for such specialist shall be subject to the mutual, written
agreement ofthe parties.

16. ALL MEDICAL, DENTAL, AND HOSPITAL EXPENSES FOR MINOR

CHILD NOT COVERED BY INSURANCE:

Commencing on August 6, 2021, the Father shall be responsible for percent 65 % and the

Mother shall be responsible for 35% percent of all of the health expenses for the child including
medical, dental, orthodontic, prescr*tion glasses and/or contact lenses, co-payments, psychiatric
and/or psychological,and hospital expenses incurred for and on behalfofthe minor child not covered

by insurance, until the parties' child reaches the age of eighteen (18) or graduates from high school,
so long as said graduation is on or by the child's nineteenth (19th) birthday. The parties agree that

when any ofthe above described "health" expenses are not covered by insurance the parties shall pay
the bill(s) promptly. The parties acknowledge that the "health" expenses must be paid promptly in
order for the minor child to continue receiving medical, dental, orthodontic, and hospital assistance
and services, etc. Should either party request reimbursement from the other party for any

unreimbursed or non-covered "health" expenses incurred on behalfof the parties' minor child, they
shall provide evidencing any such expense incurred, as well as proof of
payment (copy of cancelled check [back and front] or credit or debit card statement evidencing
payment or rece*t for cash payment), to the other parent on or by ten (10) days of the incurrence of
same and shall be reimbursed for the same within ten (10) days thereafter.

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17. SUMMER CAMP/SUMMER PROGRAMS- The parties agree that their

children may attend summer

camps/programs, the selection of which shall be mutually agreed upon
by the parties in writing. Agreement by either party shall not be unreasonably withheld with the

parties giving due consideration to the interests and desires of the children. The Husband shall pay

65 % of the cost and the Wife shall pay 35 % of the cost of the mutually agreed upon summer

camps/programs, which includes, but is not necessarily limited to, transportation, sporting or other

equ*ment, camp uniforms or specializedclothing, field tr*s, and the like. Each parent shall pay their

share for any camp or program expense including any enrollment fee directly to the camp or within

ten (10) days ofthe request for reimbursementfor same by the other parent and upon presentation of
an invoice/receiptby the other parent, as well as proof of payment (copy of cancelled check [back
and front] or credit or debit card statement evidencing payment or rece*t for cash payment), and in a
timely fashion as requiredby the summer camps/programsto ensure the child's timely enrollment.
18. ALIMONY: Pursuant to the agreement of the parties, the Husband shall pay to

the Wife the following Transitional(bridge- the- gap alimony).

th
a. On the 1 ofevery month commencing August 1st, 2021, the Husband shall
pay a non-modifiable transitional (bridge-the-gap alimony) in the amount of $1,000.00 per month
until January 1 st, 2022 (included).
b. Each party waives, now and forever, any and all claims to spousal support from the other,
including but not limited to temporary, transitional (bridge-the-gap), lump sum, rehabilitative,
durational, and permanent periodic alimony (with the exception ofthe alimony described above in
paragraph 19.a.) in both amount and duration and agrees that this waiver is forevernon-modifiable.

19. MEDICAL INSURANCE: Each party shall be solely responsible for securing
and maintaining their own health and/or medicakhospitalizationinsurance as of the date of the

entry of a Final Judgment dissolving the parties' marriage. Neither party shall bear responsibility
for the other party's deductible, unreimbursedmedical and/or dental expenses, or any other medical
expense ofthe other party from the date of entry of the parties' Final Judgment of Dissolution of
Marriage and for the rest of time. The Husband shall provide all applicable COBRA information
and/or forms to the Wife within fifteen (15) days of the execution of this Agreement and the
Husband shall comply with any and all requirements, in order that the Wife may obtain COBRA

coverage if she so elects.

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20. EQUITABLE DISTRIBUTION: In order to achieve equitable distribution as

premised on the disclosure of assets and liabilities and other information provided and utilized, the

parties have agreed to the division of their assets and liabilities as set forth herein below. It is the

intention ofthe parties that all transfers made herein to the parties shall be tax free to both parties. All

transfers between the parties are made incident to the dissolution of marriage and it is the parties'
intention that they be non-taxable pursuant to IRC Section 1041 and other applicable provisions.
(a) Real Property: During the course of their marriage the parties acquired certain real estate
property as tenants by the entirety, located at 12688 Gettysburg Circle, Orlando, Florida 32837,
legally described as follows:
Lot 33, Heritage Place, according to the Plat thereof as recorded in Plat
Book 35, page(s) 106 and 107, of the Public Records of Orange County,
Florida.

Parcel Identification Number:

The real property aforementioned has been sold and the proceeds from the sale have been

distributed to the parties in accordance with the Agreed Order on Interim Partial Distribution of

Property entered by the Court on February 26,2021.

(b) Automobiles. Pursuantto the agreement ofthe parties, the Husband shall receivehis 2012

Jeep Grand Cherokee automobile and his 2002 Volkswagen Golf automobile. The Husband shall
indemnify and hold the Wife harmless from any future liability on or related to his vehicles

including, but not limited to, repairs, maintenance, claims for damage, injury, theft or destruction
of the vehicles, and any attorney's fees and costs and suit monies, penalties or interest pertaining
to said obligations. This indemnity applies whether it has been the Husband or any third party
who is responsible for said claims.
Pursuant to the agreement of the parties, the Wife shall receive her 2021 Nissan Sentra

automobile. The Wife shall indemnify and hold the Husband harmless from any future liability on
or related to her vehicle including, but not limited to, repairs, maintenance, claims for damage,
injury, theft or destruction of the vehicle, and any attorney's fees and costs and suit monies,

penalties or interest pertaining to said obligations, except as otherwise provided herein. This

indemnity applies whether it has been the Wife or any third party who is responsible for said

claims. DS
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In addition, each party shall be responsible for maintaining their own automobile insurance
as ofthe date ofthe execution ofthis Agreement.

(C) Furniture, Furnishings, and Personal Propertv:

1. The parties have heretofore equitably divided all of their marital furniture,

furnishings, and personal property to their mutual satisfaction. Accordingly, the Husband shall
retain all of the furniture, furnishings, art work, collectibles, and personal property contained in

his current residence, free from any claim by the Wife. Similarly, the Wife shall retain all of the

furniture, furnishings, art work, collectibles, and personal property contained in her current

residence, free from any claim by the Husband, with the exception of all the Husbandswork tools
and equ*ment located in the Wifes current residence.
(d) Jewelrv:

1. The Wife shall retain all of her jewelry as her separate property free of any

claims from the Husband.

2. The Husband shall retain as his separate property all ofhis jewelry free of any

claims from the Wife.

(e) Retirement, Pension, 401k Plans: Each party waives any and all rights to all

pension, profit sharing and any other retirement benefits whatsoeverthat he or she may have or be
entitled to at any time as the spouse of the other, including the right to a joint or survivor annuity,
a qualified tax-free retirement survivor annuity, or an individual retirement account established

pursuant to Section 408 of the Internal Revenue Code of 1986, as amended from time to time, each

further agrees to sign such spousal consent form as may be required under Section 417(a) of that
Internal Revenue Code to evidence their waiver, including waiver of all accumulations,whether
the result of ordinary growth or investments of any retirement benefits during the marriage.
(f) Parties' Accounts: Any and all bank accounts/checking and/or savings accounts and

money market and/or investment/stock accounts and/or retirementand/or pension accounts, whether

domestic or foreign, that stand in the name of either the Husband or the Wife as of the date of the

execution of this Agreement shall remain the respective parties' individual property and the other

party waives any claim or interest in same for all time.

21. OUTSTANDING LIABILITIES AND/OR DEBTS; CHARGE ACCOUNTS; CREDIT

ACCOUNTS, RELEASE, AND INDEMNIFICATION: DS

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(a) Each party hereby acknowledges that his or her respective support and

property rights including alimony and attorneys' fees have been completely and forever settled as of
the date of this agreement and each party waives and releases to the other party any and all claims

that he or she may or might have or claim to have, against the other or the other's heirs or personal

representative or the property of the other, by reason of any matter, homestead, statutoryshare, cause

or thing done to the day and date of this Agreement, except as herein expressly provided to the

contrary.

(b) The Wife shall be responsible for all outstanding liability and/or debt related
to any and all charge and/or credit cards in her name solely and not otherwise enumeratedherein and
shall indemnify and hold the Husband harmless with regard to same
including, but not limited to,

attorney's fees and costs and suit monies and experts' fees and costs.

(c) The Husband shall be responsible for all outstanding liability and/or debt

related to any and all charge and/or credit cards in his name solely and not otherwise enumerated

herein and shall indemnify and hold the Wife harmlesswith regard to same including, but not limited
to, attorney's fees and costs and suit monies and experts' fees and costs.

(d) Except for the debts and obligations created and disclosed in this Marital

Settlement Agreement, each party agrees to pay and to hold the other party harmless from any and all

debts and obligations incurred by him or her before or after the signing of this Marital Settlement
Agreement. If any claim, action, or proceeding is later brought, seeking to hold the other party liable

on account of such debts and obligations, the offending party will at his or her sole expense defend

the other party against any such claim, action or proceeding, whether or not well-founded, and

indemnify the other party against any loss resulting thereon including, but not limited to, attorney's
fees, suit monies, and costs.

(e) The parties further agree and by these presents they do hereby release each

other from all claims, demands, causes of action and debts from the beginning ofthe world to the date

of the execution of this Agreement, and also agree individually to pay any expenses or charges now
existing which each has incurred for his or her own use and benefit, except as herein provided to the
contrary.

(f) In the event it is necessary for either party to enforce this indemnification,

prohibition,or payments, the prevailing party shall be entitled to all costs and attorney's fees incurred DS
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in connection therewith. Both parties agree that if it becomes necessary to enforce any of these

provisions that the enforcement proceedings are

quite important as the disobedient party has

detrimentally impaired the credit ofthe other; therefore, the attorney's fees shall be awarded not only
as to the amount of work expended, but as sanctions to punish the disobedient party. The parties
agree that additional fees shall be awarded as a sanction even though the amount involved in

enforcement may be small the impairment ofthe credit detrimentally effects one's right to credit for
a substantial period oftime and affects one's ability to obtain credit in the future.

(g) It is the express intent of the parties that this indemnification obligation shall
not be capable of discharge in bankruptcy and shall survive any bankruptcy proceedings, voluntary
or involuntary, whether resulting in discharge or settlement by approved plan.

22. WAIVER OF RIGHTS TO OTHER PROPERTY: Each of the parties

shall own, have and enjoy, independently of any claim or rights ofthe other party, all items ofreal

or personal property of every kind, nature and description, which are equitably distributed to him
or her pursuant hereto, which are non-marital assets owned by him or her or which may hereinafter

be acquired by said party, with full power to dispose of the same as fully and effectually in all

respects and for all purposes as ifthe propertywere owned or held individuallyby that party. Each

party hereby waives any and all rights or interests that he or she may have in such property of the

other party.

23. RELEASE Each party hereby releases and forever discharges, and by these

presents does for himself or herself, and his or her heirs, personal representatives, legal

representatives, executors,administrators, guardians and assigns, release and forever discharge the
other of and from all causes of action, claims, rights or demands whatsoever, at law or in equity,
which he or she ever had or now has or by reason of any matter, cause or thing may have from the

beginning of the world to the date of this Agreement, except any causes of action for dissolution

of marriage or to enforce this Agreement. This paragraph shall not release or discharge either

party from his or her covenants, promises, agreements, representations, warranties or other

undertakingsor obligations as set forth in this Agreement.

24. INCOME TAX:

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(a) Commencing with the 2020 tax year and each year thereafter, the parties shall
file separate income tax returns and each party shall be solely responsible for his or her respective
taxes and/or tax liability and each shall be entitled to any and all refunds which may result from the

filing of said individual income tax return.

(b) Each party agrees to indemnify and hold the other harmless of all tax levies,
assessments,fines and expenses, includingbut not limited to attorney's fees and costs and suit monies,

arising as a result of his or her income or a disallowance of his or her deductions pertaining to any

joint tax return filed by the parties. The parties agree that if, in the future, any penalties or interest,
or any liability for failure to declare income or as a result of disallowance of a claimed deduction

shall be assessed by the United States Internal Revenue Service or any other taxing authority, said
penalties, interest or liability shall be paid and solely attributable to and be the responsibility of
the party failing to declare said income or claiming the deduction, together with any legal or

accounting expenses incurred by either party in connection with same. The parties further agree
that each will immediately forward to the other a copy of any deficiency notice or other

correspondence received by either of them from the Internal Revenue Service or any other taxing
authority concerning any joint tax return filed by the parties.

25. ATTORNEY'S FEES AND COSTS: The Husband shall bear his own

attorney's fees and costs and suit monies and experts' fees and costs related to the dissolution of

marriage action, which includes the negotiation and execution of the instant Agreement and shall

indemnify and hold the Wife harmless with respect to same including, but not limited to, attorney's
fees and costs and suit monies.

The Husband has agreed to be responsiblefor $4,500.00 of the Wife's attorney's fees, costs,
and suit money and such amount shall be paid in three installmentsof $1500.00 each to the Wife's

attorney's trust account, Family Matters Law Group PA., Trust Account). The first installment of

$1500.00 shallbepaid on orbefore August 15,2021, the second installment of$1500.00 shallbepaid
on or before September 15, 2021, and the third and last installment of $1500.00 shall be paid on or
before October 15, 2021. Otherwise, the Wife shall bear her own attorney's fees and costs and suit

monies and experts' fees and costs related to the dissolution of marriage action, which includes the
negotiation and execution of the instant Agreement and shall indemnify and hold the Husband

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harmless with respect to same including, but not limited to, attorney's fees and costs and suit

monies.

26. CLAIMS AGAINST ESTATES: Except as set forth in this Agreement, each
party may dispose of his or her property, or property which he or she, respectively, may hereinafter

acquire, in any manner that he or she may deem fit, and each party hereby waives and relinquishes
any and all rights that he or she may now have, or hereafter acquire, under the present or future laws

of anyjurisdiction, to share in the property or estate ofthe other, including, without limitation, dower,

curtesy, statutory allowance, widow's allowance, homestead, right to take by intestacy as a

pretermitted spouse or otherwise, right to elect against the Will ofthe other, as well as the right to act
as administrator, executor or personal representative of the other's estate and each party will, at the

request of the other, execute, acknowledge and deliver any and all instruments which may be

necessary or required to carry out his or her mutual waiver and relinquishment of any and all such

interests, rights and claims.

27. EFFECT OF RECONCILIATION: This Agreement will remain in full force and

effect even ifthe parties affect a reconciliation, cohabit as Husband and Wife or attempt to reconcile.

28. MODIFICATION: A modification of any of the provisions of this Agreement

shall be ineffective unless made in writing and executed with the same formalities as this

Agreement, or unless ordered by a court of competent jurisdiction. However, it is the intention of

this Article that if the parties choose to modify this Agreement, said modification shall be in

writing and shall not be oral and shall be witnessed by two (2) witnesses; however, the fact that

any written modificationofthis Agreement shall not be notarized, shall not be interpreted to mean
that such modificationhas not been executed with the same formalities as this Agreement, and a

court of competent jurisdiction shall give full force and effect to any such modification of this

Agreement, so long as such modificationbe in writing, be witnessed, and be executed by both

parties hereto. Further, the failure of either party to insist upon strict performance of any of the

provisions ofthis Agreement shall not be construed as a waiver of any subsequent default ofthe same
or similar nature.

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29. DEFAULT AND/OR PREVAILING PARTY. In the event that either party
hereto defaults in her or his obligations hereunder or fails to perform and enforcementproceedings
are necessitated, then in such event, the party in default or the non-compliantparty shall be liable

to the non-defaulting party and/or compliant party and/or prevailing party for all reasonable

expenses incurred in enforcing, defending, and/or curing same, including attorney's fees and costs
and suit monies, both at the trial court level and all appellate court levels in the enforcement or

defense or substantiation of the obligations created by this Agreement. Further, to be clear, in the
event it is necessary for either party to enforce any of the terms or provisions of this Agreement, the
prevailing party shall be entitled to all costs, suit monies, and attorney's fees and expert's fees and
costs incurred in connectiontherewith. Similarly, in the event either party seeks to set aside this

Agreement pursuant to Rule 1.540 of the Florida Rules of Civil Procedure or Rule 12.540 of the

Florida Family Law Rules or their progeny, the trial court shall be permitted to award attorney's fees
and costs and suit monies to the prevailing party and/or to the party having to defend any such action,
whether temporary and/or final.

30. EXECUTION OF NECESSARY DOCUMENTS: Each party shall, upon the

request of the other, execute, acknowledge and deliver any and all papers or documents or other

instruments ofrelease or conveyance, as may be necessary to enable the other party to effectuatethe

foregoing distribution ofproperty and other provisions ofthis Marital Settlement Agreement.

31. INCORPORATION INTO FINAL JUDGMENT/SURVIVAL OF

AGREEMENT: This Marital Settlement Agreement or an executed copy thereofmay be offered into

evidence in the pending dissolution ofmarriage action between the parties as the full and final Marital

Settlement Agreement of the parties respecting property settlement, alimony, maintenance and any

and all other questions, rights, obligations, benefits and privileges ofthe parties. The Court shall be

requested to approve this Agreement, and, if approved, this Marital Settlement Agreement shall be

incorporated into and made part of any Final Judgment of Dissolution of Marriage. However, even

if incorporated in the Final Judgment, this Agreement shall not be merged in it but shall survive the
Final Judgment and be binding on the parties for all time.

32. UNDISCLOSED ASSETS

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Should either party discover assets in the future that were not discovered or disclosed

by the other party before the execution ofthis agreement, among other remedies afforded by Florida

law, the non-faultyparty shall be obtain that such assets be divided between the parties in equal shares
and the faulty party who failed to make such disclosure be responsible for the non-faulty party's
attorney's fees and costs caused by such non-disclosure.

33. ENTIRE AGREEMENT: Each of the parties understands and agrees that this

Marital Settlement Agreement constitutes the entire contract of the parties. This Agreement
supersedes any prior understandings or agreements between the parties upon the subjects covered in
this Agreement, except as otherwise provided herein. There are no representations or warranties

between the parties other than that which is set forth herein.

34. HEADINGS: Any headings preceding the text of the paragraphs and

subparagraphs contained in this Agreement are inserted solely for convenience and reference and

shall not constitute part ofthis Agreement nor shall they affect its meaning or construction.

35. INTERPRETATION: It is the intention and desire of the parties that this

Marital Settlement Agreement shall be interpreted in accordance with and governed by the laws of

the State o f Florida.

36. NO WAIVER The fact that either of the parties shall fail to insist upon strict

performance of any of the terms, conditions or promises herein contained shall not be deemed a

waiver of any subsequentbreach or default ofthe terms, conditions and/or promises herein contained.

37. PARTIAL INVALIDITY: In the event any clause or portion ofthis Agreement
shall be held invalid by any court, it is understoodand agreed that such invalid clause or portionhereof
shall have no effect upon the validity ofthe other portions ofthis Agreement.

38. COPIES: This Agreementmaybe signed in one ormore counterparts,each ofwhich,

when executed with the same formality and in the same manner as the original, shall constitute and

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39. GOVERNING LAW: This Agreement shall be governed by the laws of the

State of Florida, both as to interpretation and performance.

40. DATE OF EXECUTION: The "date of execution" or "execution date" of this

Agreement shall be defined as the date upon which it is executed by the parties if they have executed
the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of the

Agreement shall be defined as the date of execution by the party last executing this Agreement.

41. GENERAL RELEASE:

General release by Wife: Subject to the provisions of this Agreement, the Wife agrees and

does hereby release, discharge and exonerate the Husband from any and all claims for any interest in

his real property, personal property, specialequity, equitable distribution,pensionplans,profit sharing

plan, any alimony other than the one specified under this agreement, retirement funds of any nature
whatsoever, division of real property, division of personal property, equitable division of assets,

inheritances, life insurance, medical insurance, descent and distribution of property, preference as
personal representative,stocks, bonds, IRA, checking accounts, options, lawsuits, causes of action,

savings accounts, bank accounts of any nature whatsoever, automobiles, any assets acquired by either
party during the marriage that are now in the Husband's possession, any assets acquired prior to the
marriage, which have been disclosed by the Husband, but appreciated in value during the marriage,
and her right to file suit against the Husband for any other action whatsoever that presently exists in
favor of the Wife or may exist in the future. Except any and all causes or causes of action for final

judgment of dissolution ofmarriage, and subject to the provisions ofthis Agreement and enforcement
of same, the Wife releases and discharges and does by this Agreement for herself and her heirs, legal
representatives,executors and assigns, release the Husband from any and all causes of action, claims,

rights or demands whatsoever in law or equity, which she has ever had or may have in the future

against the Husband.

General release by Husband: Subject to the provisions ofthis Agreement, the Husband agrees

and does hereby release, discharge and exonerate the Wife from any and all claims for any interest in

her real property, personal property, special equity, equitable distribution, pension plans, profit
sharingplan, retirementfunds ofanynaturewhatsoever, division ofreal property, division ofpersonal DS
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property, equitable division of assets, inheritances,life insurance, medical insurance, alimony, descent
and distribution of property, preference as personal representative, stocks, bonds, IRA, checking
accounts, options, lawsuits, causes of action, savings accounts, bank accounts of any nature

whatsoever, automobiles, any assets acquired by either party during the marriage that are now in the
Wife's possession, any assets acquired prior to the marriage, but appreciated in value during the

marriage, which have been disclosed by the Wife, and his right to file suit against the Wife for any
other action whatsoever that presently exists in favor ofthe Husband or may exist in the future. Except
any and all causes or causes of action for final judgment ofdissolution ofmarriage, and subject to the
provisionsofthis Agreement and enforcement of same, the Husband releases and discharges and does
by this Agreement for himselfand his heirs, legal representatives,executors and assigns, release the
Wife from any and all causes of action, claims, rights or demands whatsoever in law or equity, which
she has ever had or may have in the future against the Wife.

42. The Parties also recognize that, they are fluent in English and also had the opportunity to have
this Agreement fully translated in their native language by an independent third party of their

choice but elected not to do it. Each Party fully understands the terms of this Marital Settlement

Agreement, and each is signing this Agreement freely and voluntarily, intending to be bound by
it. Each agrees that the terms and provisions of this Agreement are fair and equitable.

43. MEDIATOR : In the event that it becomes necessary for any reason to construe or

interpret this agreement, this agreement will be construed as jointly prepared and written by both

parties hereto. The mediator, GREGORY F. BETANCOURT, Esq., shall have no

liability to

either party for assisting in the preparation and drafting of this agreement. Both parties agree to

release the mediator from any potential claims involving alleged errors, omissions, or future

negative consequences stemming from the provisions herein and the preparation of this

agreement. The parties agree the Husband shall pay 80% ofthe mediation fee and the Wife shall

pay 20% of the mediation fee at the conclusion of the mediation and the parties agree to pay for

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any collection efforts of the mediator and/or his counsel in obtaining payment of the mediation

fee.

44. This Agreement is being entered into freely and voluntarily without any duress or

coercion whatsoever. Each party acknowledges that they have read and understand each

provision of this Agreement.

END OF DOCUMENT

SIGNATURES OF PARTIES

I certify that I have read, approved, and accepted this Agreement. I am satisfied with this

Agreement and intend to be bound by it.

DocuSigned by:

8/6/2021
Dated: SWOMexa
-9F74E9481714E4...

Signature o f Petitioner/Father

Sergio Rivera
DocuSigned by:

/CMUaMW.En
-CailiaTEFello, Esq.

Attorney for Petitioner

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I certify that I have read, approved, and accepted this Agreement. I am satisfied with this

Agreement and intend to be bound by it.

DocuSigned by:

8/6/2021
Dated:
WMIL MMOCMU Rnuuos
OCIDFEBAB+r-480...

Signature of Respondent/ Wife,

Susan Rosario Cuneo Asencios.

- Docusigned by:

Mam,UMNLSHMYRIEM.
A[ll E/CD5958123..

Mazarena Rosales Hauser, Esq.

Attorney for the Respondent

DocuSignedby:

L .S..h...M,EM.
8837[2OrrA10473.

Christina Collie, Esq.

Department ofRevenue

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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,

IN AND FOR BROWARD COUNTY, FLORIDA

Case No.. FMCE 20-0011511

Division: Family

SERGIO RIVERA
Petitioner/Husband

and

SUSAN ROSARIO CUNEO ASENCIO,

Respondent/Wife
i

MEDIATED PARENTING PLAN

This parenting plan is:

-X-A Parenting Plan submitted to the court with the agreement of the parties.

I. PARENTS

Petitioner, hereinafter referred to in this Parenting Plan as Father

Name: Sergio Rivera
Address: 710 NW 91'st Apt. 710, Plantation FL 33324
Terrace,
Telephone Number: (908) 552-1930 E-Mail:

Respondent, hereinafterreferred to in this Parenting Plan as Mother

Name: Susan Rosario Cuneo Asencio
Address: 7500 NW 17th Street, Bldg 8, Unit 105, Plantation, Florida 33313
Telephone Number: 754-234-3295 E-Mail: uvanss@gmail.com

II. CHILDREN: This parenting plan is for the following child(ren) born to, or adopted by the
parties:
Name Date of Birth
A.R 8/5/2016
D.R. 9/22/2018

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III JURISDICTION

The United States is the country ofhabitualresidence ofthe child(ren).

The State of Florida is the child(ren)'s home state for the purposes of the Uniform Child
Custody Jurisdiction and Enforcement Act.

ThisParenting Plan is a child custody determination for the purposes of the Uniform Child
Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act,
42 U.S.C. Sections 11601 et seq., the Parental Kidnapping Prevention Act, and the
Convention on the Civil Aspects of International Child Abduction enacted at The Hague on
October 25, 1980, and for all other state and federal laws.

IV. PARENTAL RESPONSIBILITYAND DECISION MAKING

1. Parental Responsibility: Shared Parental Responsibility.

It is in the best interests of the children that the parents confer and jointly make all
major decisions affecting the welfare of the children. Major decisions include, but are
not limited to, decisions about the children's education, healthcare, and other
responsibilities unique to this family. Either parent may consent to mental health
treatment for the children.

2. Day-to-Day Decisions
Unless otherwise specified in this plan, each parent shall make decisions regarding
day-to-day care and control of each child while the child is with that parent.
Regardless of the allocation of decision making in the parenting plan, either parent
may make emergency decisions affecting the health or safety of the children when the
child is residing with that parent. A parent who makes an emergency decision shall
share the decision with the other parent as soon as reasonablypossible.

3. Extra-curricular Activities

a. The parents must mutually agree to all extra-curricular activities. Consent shall not be
unreasonably withheld.

b. The parent with the minor children shall transport the minor children to and/or
from all mutually agreed upon extra-curricular activities, providing all necessary
uniforms and equ*ment within the parent's possession.

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c. The costs of agreed upon extra-curricular activities uniforms and equipment required
for the extra-curricular activities shall be paid as follow: Mother 35%, Father 65%.
Consent shall not be unreasonably withheld. The children shall not be enrolled in
extracurricular activities until the age of six (6).

d. If one parent does not agree with a specific extra-curricular activity, the other parent
may still enroll the child in such extra-curricular activity at his/her own cost as long
as it does not interfere with the other parent's time-sharing schedule.

V. INFORMATION SHARING. Unless otherwiseindicated or ordered by the Court:

Unless otherwise prohibited by law, each parent shall have access to medical and school
records and informationpertaining to the children and shall be permitted to independently
consult with any and all professionals involved with the children. The parents shall
cooperate with each other in sharing information related to the health, education, and
welfare of the children and they shall sign any necessary documentation ensuring that
both parents have access to said records.

Each parent shall be responsible for obtaining records and reports directly from the
school and health care providers.

Both parents have equal rights to inspect and receive governmental agency and law
enforcementrecords concerning the children.

Both parents shall have equal and independent authorityto confer with the children'S
school, day care, health care providers, and other programs with regard to the children's
educational, emotional, and social progress.

Both parents shall be listed as "emergency contacts" for the children.

Each parent has continuing responsibility to provide a residential, mailing, and contact
a

address and contact telephone number to the other parent. Each parent shall notify the
other parent in writing within 24 hours of any changes. Each parent shall notify the court
in writing within seven (7) days of any changes.

VI. SCHEDULING

1. School Calendar
If necessary, on or before August 1St of each year, both parents should obtain a

copy of the school calendar for the next school year. The parents shall discuss the
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calendars and the time-sharing schedule so that any differences or questions can
be resolved.

The parents shall follow the school calendar for the school where the children are
enrolled.

2. Academic Break Definition

When defining academic break periods, the period shall begin at the end of the
last scheduled day of classes before the holiday or break and shall end on the first
day of regularly scheduled classes after the holiday or break.

3. Schedule Changes
aX A parent making a request for a schedule change will make the request
as soon as
possible, but in any event, except in cases of emergency, no less than 7

days before the change is to occur.

b. X A parent requesting a change of schedule shall be responsible for any

additional child care, or transportation costs caused by the change.

VII. TIME-SHARING SCHEDULE

The following schedule shall apply beginning on the day on which this Parenting Plan
becomes effective and continue as follows:

1. Weekday and Weekend Schedule

The parents shall have equal time-sharing and follow a 2-2-5 overnight schedule as

described below:

a. The Parties shall alternate each weekend with the children, from Friday after school
untilMonday morning, with the Father beginning his weekend timesharing on

August 6,2021.
b. Thereafter the Father shall have the children every Monday and Tuesday overnight,
with drop-offs Wednesday morning at school or camp.
C. The Mother shall have the children every Wednesday and Thursday overnight, with
drop-offs Friday morning at school or camp.
d. The Father shall have the children for the weekend starting August 6, 2021 after
on

school/daycare ends or 5:00 pm if there is

school/daycare until Wednesday
no

morning when the school/daycare resumes or 9:00 am if there is no school/daycare.

Thereafter, the parties shall continue to alternate such schedule. The parents shall exchange
the children at the school/daycare by either dropping the child off in the morning or

picking the child up in the afternoon at the school. If there is no the

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parent beginning the time-sharing shall pick-up the children at the other parent home
unless both parents agree to a different meeting place.

2. Holiday Schedule

Holiday time-sharing shall be in accordance with the following schedule. The Holiday
schedule will take priority over the regular weekday and weekend schedule.

Holidays Even Odd Years Every Begin/End Time

Years Year
Easter week-end Mother Father from after school before the holiday
until school resumesa
Memorial Day Father Mother from after school before the holiday
Wkd until school resumes
4th of July Mother Father from after school before the holiday
until school resumes

Labor Day Wkd Father Mother from after school before the holiday
until school resumes
Ilalloween Father Mother from after school or

9 am if no school to the next

morning, at which time normal

timesharingresumes

Children's Birthday During even years the Mother shall have the children from after school or
camp or 9:00 am if there is no school or camp until the day after when school or camp resumes
or 9: 00 am when there is no school camp. During odd years the Father shall have the children
or

from after school or camp or 9:00 am if there is no school or camp until the day after when
school or camp resumes or 9: 00 am when there is no school or camp.

Mother's Day Week-end: Mother every year from Friday after school/camp until school/camp
resumes on Monday morning.

Father's day Week-end: Father every year from Friday after school/camp until school/camp
resumes on Monday morning.

If a parent has the children on a weekend immediately before or after an

unspecified holiday or non-
school day, they shall have the children for such holiday or non-school day.

a
If Easter Week-end falls during Spring Break, Spring Break time-sharingshall have priority over the Easter week-end.
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When the parents using an alternating weekend plan and the holiday schedule would result in
are

one parent having the children for three weekends in a row, the parents will exchange the

following weekend, so that each has two weekends in a row before the regular alternating
weekend pattern resumes.

All other holidays: the parties shall follow the regular timesharing schedule for any
holiday not mentioned above.

3. Winter Break: Winter break commences when school ends until the day before school
resumes. During the winter break, the Parties shall split the Winter Break equally each year, with
the Father having the first half of the Winter Break in even years and the Mother having the
second half in even years. The Parties shall alternatethis arrangement in odd-numbered years.

4.Thanksgiving: The parties shall alternate the thanksgiving holiday every year from school
dismissal before the Thanksgiving holiday until Monday morning when school resumes. The
Father shall have Thanksgiving timesharing during the odd years, and the Mother shall exercise
Thanksgivingtimesharingduring the even years.

5. Spring Break

The parents shall alternate the entire Spring Break with Mother having the child(ren) during the
odd-numbered years and Father during the even numbered years.

6. Summer Break

The parents shall equally divide the Summer Break as follows:

Commencing with the year 2022 summer break, the summer break shall commence when
school ends for the children and shall end when school begins for the children the
following school year. The parents shall split time-sharing with the minor children with
each parent exercising one (1) week of uninterrupted time with the children at a time,
alternating each week. The week shall commence Monday at 9:00 a.m. and shall end
Sunday evening at 7:00 p.m. unless otherwise mutually agreed in writing by both parties.

In addition, each parent shall have 2 consecutive weeks to be taken during the summer. Prior
to April 1 st of each year, the parties shall agree and notify to the other party in writing
(via e-mail or text message) when each party would like to exercise her or his summer
timesharing with the minor children. If the parties cannot agree, the Mother shall have

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7. Parents Birthdays
Each Parent shall be entitled to
timesharing with the children during their respective
birthdays and said
birthday timesharing shall take precedence over any regular and holiday
timesharing. The Parent celebrating their birthday shall have from the time the children get out of
school or 9am ifthere is no school, until school resumes.

8. Number of Overnights:

Based upon the time-sharing schedule, Mother has a total of 182.5 overnights per year and
Father has a total of 182.5 overnights per year.

Note: The two numbers must equal 365.

VIII. TRANSPORTATION AND EXCHANGE OF CHILD(REN)

1. Transportation

The parent beginning their time-sharing shall provide transportation for the child(ren).

2. Exchange

Both parents shall have the child ready on time with sufficient clothing packed and ready at the

agreed upon time of exchange. If a parent is more than 30 minutes late without contacting the
other parent to make other arrangements, the parent with the child may proceed with other plans
and activities.

a. Exchanges shall be at the children's care provider unless both

parents agree to a different meeting place. When there is no then the
Parties shall exchange at their respective homes, unless both Parties agree to a different meeting
place.

3. Transportation Costs

Each Party shall be responsible for the transportation costs of the child when the child is with
that Party.

4. Foreign, Out-Of-State and Inter-State Travel

a. Either parent may travel within the State of Florida with the children during his/her time-
sharing. However, when traveling outside the tri-county area (tri-county area defined as Miami-
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Broward-Palm Beach counties), the traveling parent shall give the other parent at least 48 hours
written notice before traveling outside the tri-county area unless there is an emergency, and shall
provide the other parent with a detailed itinerary, including locations and telephone numbers
where the child(ren) and parent can be reached at least 24 hours before traveling.

b. Either parent may travel within the United States with the child(ren) during his/her time-
sharing. The parent traveling with the child(ren) shall give the other parent at least 1 days
written notice before traveling out of state unless there is an emergency, and shall provide the
other parent with a detailed itinerary, including locations and telephone numbers where the
child(ren) and parent can be reached at least 3 days before traveling.

c. Either parent may travel out of the country with the child(ren) during his/her time-sharing. At
least 15 days prior to traveling, the parent shall provide a detailed itinerary, including locations,
and telephone numbers where the child(ren) and parent may be reached during the trip. Each
parent agrees to provide whatever documentation is necessary for the other parent to take the
child(ren) out of the country.

d. The Mother shall be the custodian of the oldest child's passport required to travel
internationally. The Father shall be the custodian of the youngest child's passport required to
travel internationally. The parties shall promptly cooperate with each other to renew the
passports of the children and shall split the cost of the renewal of such passports as follows:
Father 65% and Mother 35%.

e. When traveling internationally, the Parties agreed the custodian party will provide the
children's passport to the party that will travel, at least 15 days prior to the departure. The party
that traveled shall return the minor children's passport to the custodian party within 3 days ofthe
minor children's return from such a travel. If one parent loses a child's passport, that parent shall
be solely responsible for any cost related to replacing the passport and shall apply for a renewed
passport within three (3) days of returning.

IX. EDUCATION

1. School designation.
For purposes of school boundary determination and registration, the address of who lives in the
school district with the highest school rating shall be used so long such school is within 20 miles
of the Fathers residence.

X. DESIGNATION FOR OTHER LEGAL PURPOSES

The child(ren) named in this Parenting Plan are scheduled to reside the majority of the time with
Father and Mother This majority designation is SOLELY for purposes of all other state and
federal laws which require such a designation. This designation does not affect either parent's
rights and responsibilities under this Parenting Plan.
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XI. COMMUNICATION

1. Between Parents
All communications regarding the child(ren) shall be between the parents. The parents shall not
use the child(ren) as messengers to convey information, ask questions, or set up schedule
changes.

The parents shall communicate with each other: in person, by telephone, by e-mail/text.

2. Between Parent and Child(ren)

Both parents shall keep contact information current. Telephone or other electronic
communication between the child(ren) and the other parent shall not be monitored by or

interrupted by the other parent. "Electronic communication" includes telephones, electronic mail
or e-mail, webcams, video-conferencing equipment and software or other wired or wireless

technologies or other means of communicationto supplement face to face contact.

The parent who is not with the children shall be able to have telephonic or video conferencing
communication at least one time per day between 7:30 pm and 8:30 pm If this time is not .

convenient on a given day, the parent who has the child shall notify the other parent as to when it
is convenient to call the child on such a day. The Parent who is with the child should initiate the

daily call and if the child is not available when such parent calls the other parent should call
back.

XII. CHILD CARE

mutually agree to any daycare facilities. Parents are free to choose their
1. Parents must
own babysitters during their own time.

3. Each parent must offer the other parent the opportunity to care for the child(ren) before

using a child care provider or leaving the children alone (once they are old enough to stay
alone) or with a third party who is not a caretaker for any period exceeding 6 hours or
overnight. Basically, the spirit of this clause is that the children shall be with the other
parent anytime one parent is unable to be present for overnight or more than 6 hours.

XIII. COSTS

The Parents shall split all costs associated with school for the children, including required
school supplies, uniforms, enrollment fees, field trips, yearbooks, etc, as follows: Father 65%
and Mother 35%.

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XIV. CHANGES OR MODIFICATIONS OF THE PARENTING PLAN

Temporary changes to this Parenting Plan may be made, informally without a written
document, by agreement of both parties; however, if the parties dispute the change, the
Parenting Plan shall remain in effect until further order o f the court.

Any substantial changes to the Parenting Plan must be sought through the filing of a

supplemental petition for modification.

XV. RELOCATION

Any relocation of the child(ren) is subject to and must be sought in compliance with
section 61.13001, Florida Statutes, except as specifically set forth in this Agreement,
hereinabove.

XVI. DISPUTES OR CONFLICT RESOLUTION

Parents shall attempt to resolve any disputes which may arise over the
cooperatively
terms of the Parenting Plan. The parents may wish to use mediation or other dispute
resolution methods and assistance, such as Parenting Coordinators and Parenting
Counselors, before filing a court action.

XVII. OTHER PROVISIONS

End of Document

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SIGNATURES OF PARENTS

I certify that I have been open and honest in entering into this Parenting Plan. I am

satisfied with this Plan and intend to be bound by it.

DocuSigned by:

Dated:
8/6/2021 SWOMexa
-QF74'FC}ACR1714F4

Signature o f Petitioner/Father
Sergio Rivera

I certify that I have been open and honest in entering into this Parenting Plan. I am

satisfied with this Plan and intend to be bound by it.

-DocuSigned by:

Dated:
8/6/2021 WMILMMOCUWU ZWDA
OCIDFEBAB+r-480...

Signature of Respondent/Mother,
Susan Rosario Cuneo Asencio.

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DocuSign Envelope ID:

Child Support Guidelines Worksheet Scenario:

Case Name: Sergio Rivera

2 1 1 Guidelines (SHARED)
Most Overnight With
2 1 1 Combined Susan Sergio
Tax Credit With
% of Shared Support 100% 45.23% 54.77%
Income Combined Susan Sergio Min. Child Support Need $2,117.00 $957.52 $1,159.48
Self Employment $0.00 $0.00 $0.00
Shared Support Need $3,175.50 $1,436.28 $1,739.22
Social Security $10,418.00 $3,293.00 $7,125.00
Overnights 365 182.50 182.50
Other Taxable Income $0.00 $0.00 $0.00
Overnight Precentage 100% 50.00% 50.00%
Taxable Spousal Support $0.00 $0.00 $0.00
Payment Share to Other $718.14 $869.61
Non-Taxable Sp. Support $1,000.00 $1,000.00 $0.00
Pre Adjustment Transfer $0.00 $151.47
Other Non-Taxable Income $0.00 $0.00 $0.00
Costs
Gross Income $11,418.00 $4,293.00 $7,125.00 Child Care Costs Pd. $0.00 $0.00 $0.00
Deductions From Income
Children'sHealth Ins. Pd. $150.47 $0.00 $150.47
Non Deductable Support $1,000.00 $0.00 $1,000.00
UnCov Medical/Dental Pd. $0.00 $0.00 $0.00
Deductable This Marriage $0.00 $0.00 $0.00
Total Costs Paid $150.47 $0.00 $150.47
Deductable Prior Marriage $0.00 $0.00 $0.00
Day Care/Ins/Med/DenSh $150.47 $68.06 $82.41
Taxes
Day Care/Ins/Med/DenAdj $68.06 $0.00
FICA -

Social Security $645.92 $204.17 $441.75

FICA Medicare
Presumed Amt Paid SHARED $0.00 $83.41
-

$151.06 $47.75 $103.31

Deviation Factors $0.00 $0.00
Self Employment Tax $0.00 $0.00 $0.00
Federal Income Tax Adjusted Guidelines $0.00 $83.41
$576.58 $-11.34 $587.92
LJ Manual CS Amount 0 0
SVLoc/Oth Tax $0.00 $0.00 $0.00
Net Available Income Analysis With Children
Other Net Income Deductions
Available Income $8,958.98 $4,135.84 $4,823.14
Mandatory Union Dues $0.00 $0.00 $0.00
Adjusted Affidavit Needs $5,260.24 $0.00 $5,260.24
Mandatory Retirement Pmts $0.00 $0.00 $0.00
Parents Health Ins
Excess/Deficit $3,698.74 $4,135.84 $-437.10
$85.47 $0.00 $85.47
Net Available Income Analysis Without Children
Child Supp Ordered/Paid $0.00 $0.00 $0.00
Adjusted Affidavit Needs $5,260.24 $0.00 $5,260.24
Total Deductions $2,459.02 $240.58 $2,218.45 Net Monthly Income $8,958.98 $4,052.42 $4,906.55
Net Monthly Income $8,958.98 $4,052.42 $4,906.55 Excess/Deficit $3,698.74 $4,052.42 $-353.69
9
Floridom, Inc. 1994 -
2021

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DocuSign Envelope ID:

Child Support Guidelines Worksheet Scenario:

Case Name: Sergio Rivera

2 1 1 Guidelines (SHARED)
Most Overnight With
2 1 1 Combined Susan Sergio
Tax Credit With
% of Shared Support 100% 34.07% 65.93%
Income Combined Susan Sergio Min. Child Support Need $2,117.00 $721.26 $1,395.74
Self Employment $0.00 $0.00 $0.00
Shared Support Need $3,175.50 $1,081.89 $2,093.61
Social Security $10,418.00 $3,293.00 $7,125.00
Overnights 365 182.50 182.50
Other Taxable Income $0.00 $0.00 $0.00
Overnight Precentage 100% 50.00% 50.00%
Taxable Spousal Support $0.00 $0.00 $0.00
Payment Share to Other $540.95 $1,046.80
Non-Taxable Sp. Support $0.00 $0.00 $0.00
Pre Adjustment Transfer $0.00 $505.86
Other Non-Taxable Income $0.00 $0.00 $0.00
Costs
Gross Income $10,418.00 $3,293.00 $7,125.00 Child Care Costs Pd. $0.00 $0.00 $0.00
Deductions From Income
Children'sHealth Ins. Pd. $150.47 $0.00 $150.47
Non Deductable Support $0.00 $0.00 $0.00
UnCov Medical/Dental Pd. $0.00 $0.00 $0.00
Deductable This Marriage $0.00 $0.00 $0.00
Total Costs Paid $150.47 $0.00 $150.47
Deductable Prior Marriage $0.00 $0.00 $0.00
Day Care/Ins/Med/DenSh $150.47 $51.27 $99.20
Taxes
Day Care/Ins/Med/DenAdj $51.27 $0.00
FICA -

Social Security $645.92 $204.17 $441.75

FICA Medicare
Presumed Amt Paid SHARED $0.00 $454.59
-

$151.06 $47.75 $103.31

Deviation Factors $0.00 $0.00
Self Employment Tax $0.00 $0.00 $0.00
Federal Income Tax Adjusted Guidelines $0.00 $454.59
$576.58 $-11.34 $587.92
LJ Manual CS Amount 0 0
SVLoc/Oth Tax $0.00 $0.00 $0.00
Net Available Income Analysis With Children
Other Net Income Deductions
Available Income $8,958.98 $3,507.02 $5,451.96
Mandatory Union Dues $0.00 $0.00 $0.00
Adjusted Affidavit Needs $5,260.24 $0.00 $5,260.24
Mandatory Retirement Pmts $0.00 $0.00 $0.00
Parents Health Ins
Excess/Deficit $3,698.74 $3,507.02 $191.72
$85.47 $0.00 $85.47
Net Available Income Analysis Without Children
Child Supp Ordered/Paid $0.00 $0.00 $0.00
Adjusted Affidavit Needs $5,260.24 $0.00 $5,260.24
Total Deductions $1,459.02 $240.58 $1,218.45 Net Monthly Income $8,958.98 $3,052.42 $5,906.55
Net Monthly Income $8,958.98 $3,052.42 $5,906.55 Excess/Deficit $3,698.74 $3,052.42 $646.31
9
Floridom, Inc. 1994 -
2021

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Child Support For Order

Support for: Monthly Amount Expected Date of Type of Case Average Precentages for Time Period
Susan Sergio Change: Income Support % Contact Over Nights %
Current Child Support $0.00 $454.59 At Time of Order SHARED Susan Sergio Susan Sergio
6 or More Children

5 Children

4 Children

3 Children

2 Children $454.59 SHARED 34.07% 65.93% 50.00% 50.00%

1 Child $286.60 08/05/2034 SHARED 34.72% 65.28% 50.14% 49.86%

0 Children $0.00 09/22/2036

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