`
`CAUSE NO. 23-DCV-305192
`
`Filed
`12/1/2023 12:00 PM
`Beverley McGrew Walker
`District Clerk
`Fort Bend County, Texas
`Stephanie Sims
`
`IN THE MATTER OF
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`THE MARRIAGE OF
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`CGRURLNGNUPWRLRLNLNMNMA CHILDREN
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`OKAONYE FELIX MORKAH
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`AND
`ABIOLA OLUWASEUN MORKAH
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`AND IN THE INTEREST OF
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`IN THE DISTRICT COURT
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`505" JUDICIAL DISTRICT
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`FORT BEND COUNTY, TEXAS
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`MEDIATED SETTLEMENT AGREEMENT(FINAL)
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`The parties agree to compromise and settle the disputes and controversies that are the subject
`of this litigation. The parties understand and agree that this agreement is a compromise of a
`pending dispute and nothing contained herein shall be construed as an admission offault by
`any party. The parties wish to avoid potentially protracted and costly litigation. The parties
`acknowledge that their pending dispute has been voluntarily resolved through a mediation
`process conducted by Alyssa Lemkuil on this date. The parties agree that this mediated
`settlement agreement is in the best interest of the children. The parties also agree that this
`mediated settlement agreement shall not be revoked by either of them andisfinal and binding.
`
`l.
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`Terms of agreement are set out on Schedule A.
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`The mediator will resolve any drafting disputes by binding arbitration and the parties
`2.
`will each pay half of any arbitration fees.
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`This agreement is made in Harris County, Texas and shall be construed in accordance
`3.
`with the laws of the State of Texas.
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`Each person signing this agreement has entered into this agreement freely and without
`4,
`duress after having consulted with professionals of his or her choice. Each party has been
`advised that the mediator is not the attorney for any party and that each party should have this
`agreement approved by their own attorney before signing this agreement.
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`This agreement is signed voluntarily on the date set out below and the provisions are
`5.
`intended to be incorporated into a court order.
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`6.
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`This agreementis effective immediately and servesto partition the property division as
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`TetMe(Am I
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`
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`DocuSign Envelope ID: 7DBA4B5A-0F44-4776-8FE3-15444D7F80CC
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`of today.
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`THIS AGREEMENT IS NOT SUBJECT TO REVOCATION AND MEETS THE
`REQUIREMENTSOF TEXAS FAMILY CODE§ 6.602 AND 153.0071(D).
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`SIGNED on November6, 2023.
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`AGREED AND APPROVED:
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`
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`DocuSigned by:[Deere Aa
`
`
`8D1709E39B624CE...
`630EF522E1054F2...
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`DocuSignedby:
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`Okaonye Felix Morkah
`
`Abiola Oluwaseun Morkah
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`DocuSigned by:
`
`patella Eclwaty
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`DocuSignedby:
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`[Usp Mokelo
`
`
`F7FOBFO389A04AA...
`530EEBF3CCBF4B4...
`
`Patricia Egwuatu
`Attorney for Okaonye Felix Morkah
`
`Uzo Mokolo
`Attorney for Abiola Oluwaseun Morkah
`
`
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`DocuSign Envelope ID: 7DBA4B5A-0F44-4776-8FE3-15444D7F80CC
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`CONSERVATORSHIP
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`SCHEDULE A
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`The parents will be appointed joint managing conservators of the children. Each parent will
`have all rights and duties per Texas Family Code § 153.073, § 153.074, and § 153.076. Texas
`Family Code § 153.132 rights will be allocated as follows:
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`Mom will have the exclusive right to designate the primary residence of the children
`1.
`within Fort Bend County, Texas and contiguous counties.
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`Each parent will have the right, subject to the agreement of the other parent, to consent
`2.
`to medical, dental, and surgical treatment involving invasive procedures. lf the parents are not
`able to agree, they will follow the recommendation of the child’s treating physician.
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`Each parent will have the right, subject to the agreement of the other parent, to consent
`3.
`to psychiatric and psychological treatment of the children. 1f the parents are not able to agree,
`they will follow the recommendation of the child’s pediatrician.
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`Mom will have the exclusive right to receive and give receipt of periodic payments for
`4.
`the support of the children and to hold or disburse these funds for the benefit of the children.
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`Each parent will have the independentright to represent the children in legal action and
`5.
`to make other decisions of substantial legal significance concerning the children.
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`Each parent will have the right, subject to the agreement of the other parent, to consent
`6.
`to marriage and to enlistment in the armed forces of the United States.
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`Mom will have the exclusive right, after consultation with Dad, to make decisions
`7.
`concerning the children’s education, including the right to enroll the children in school.
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`8.
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`Each parent will have the independent right to the services and earnings of the children.
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`Except when a guardian of the children’s estate or a guardian or attorney ad litem has
`9.
`been appointed for the children, each parent will have the independentright to act as an agent
`of the children in relation to the children’s estate if the children’s action is required bya state,
`the United States, or a foreign government.
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`Each parent will have the independentright to (A) apply for visas and/or passports for
`10.
`the children and (B) renew the children’s visas and/or passports, and each parent will sign any
`documents necessary for the other parent to apply for or renew the children’s visas and/or
`passports within 5 days of any request by the other parent. Mom will have the exclusive right
`to (C) maintain possession of the children’s visas and/or passports when they are not in use.
`Texas Family Law Practice Manual language regarding international travel and exchange of the
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`Tite
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`3
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`(Am
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`DocuSign Envelope ID: 7DBA4B5A-0F44-4776-8FE3-15444D7F80CC
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`children’s visas and/or passports.
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`POSSESSION
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`Dad will have possession of the children as mutually agreed and pursuant to a Standard
`Possession Order, without Texas Family Code § 153.317 elections, with:
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`I.
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`Thursdays during the regular school term will begin at 6:45 p.m. and end at 8 p.m.
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`Friday and holiday periods will begin at 7 p.m. instead of 6 p.m. - weekend and holiday
`2.
`periods will end at 6 p.m. on Sunday.
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`Dad will pick up and return the children at Mom’s residence.
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`CHILD SUPPORT
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`Dad will pay to Mom child support of $1,525 per month, beginning December1, 2023, with a
`step down to $1,220 per month after one child emancipates.
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`Mom will provide and pay for health and dental insurance for the children. Dad will pay to
`Momcash medical support of $115 per month, beginning December1, 2023.
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`Dad will pay child support and cash medical support
`disbursement unit account is set up.
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`to Mom via Zelle until the state
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`Each parent will pay 50% of the children’s health care expenses not paid by insurance.
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`OTHER
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`Life Insurance - Each parent will pay 50% of the monthly premiums ($60 per parent) for the
`children’s current life insurance policies with National Life Group and both parents will remain
`50% beneficiaries of both children’s policies. Mom will pay the total premium and Dad will
`reimburse her $60 per month, beginning December 1, 2023, via Zelle. If either parent fails to
`pay their $60 share for two or more consecutive months, the other parent can remove the
`non-paying parent as a beneficiary.
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`PROPERTY
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`Real Property - Wife will be awarded the property at 2611 Fresh Dawn Dr., Fresno, Texas
`77545. Wife shall be responsible for paying the mortgage, property taxes, and other expenses
`related to the property. Husband shall sign a special warranty deed subject to the owelty lien
`described below (Wife’s attorney will prepare) and Wife shall sign a deed of trust to secure
`assumption andreal estate lien note (Husband’s attorney will prepare).
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`[Pat
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`(Am *
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`DocuSign Envelope ID: 7DBA4B5A-0F44-4776-8FE3-15444D7F80CC
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`Judgment - Husband will be awarded a judgment against Wife in the amount of $70,000 for his
`share of the property division, secured by an owelty lien against the 2611 Fresh Dawn Dr.,
`Fresno, Texas 77545 property, with interest at the legal rate of 8.5% per annum onanybalance
`remaining unpaid as of October 31, 2024. Wife will pay this judgment to Husband on or before
`October 30, 2024, and if she fails to do so, she will list the property for sale on or before
`October 31, 2024, and will pay the judgment, plus any accruedinterest, to Husband from the net
`sale proceeds. Husband will sign a release of the owelty lien within 10 days of request by Wife
`or her attorney, provided that the judgment, plus any accrued interest, has been paid in full
`(Wife’s attorney will prepare).
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`Vehicles-
`1,
`Husbandwill be awarded the 2021 Toyota RAV4 andwill be responsible for the note.
`2.
`Wife will be awarded the 2022 Honda Pilot and will be responsible for the note.
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`Bank and Financial Accounts - Each party will be awarded the bank and financial accounts in
`their sole name.
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`Retirement Benefits -
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`1.
`2.
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`Husband will be awarded the ERS account in his name.
`Wife will be awarded the TRS accountin her name.
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`Personal Property - Each party will be awarded the personal property and furnishingsin their
`possession, except Husband will be awarded the treadmill from the marital residence and Wife
`will turn it over to him at a mutually agreed time on or before December 31, 2023, and if he
`fails to pick it up by that date, the treadmill will be awarded to Wife.
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`Debts and Credit Cards-
`1.
`Each party shall be responsible for the debts and credit cards in their sole name.
`2.
`Each party shall be responsible for their own attorney’s fees and costs in this case.
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`Taxes-
`The parties will file taxes for tax year 2023 as if they were divorced on January 1, 2023.
`1.
`So long as the children spend more overnights per year with Mom, Mom will claim the
`2.
`children as dependents on hertax returns, beginning with tax year 2023.
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`Divorce - Divorce shall be granted based on insupportability.
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`Preparation of Final Documents - Husband’s attorney shall prepare the divorce decree using
`Texas Family Law Practice Manual language where applicable. Each party shall execute any
`documents necessary to effectuate this agreement within 5 days of any request. Husband and his
`attorney shall prove up the divorce per court policy.
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`5
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`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers muststill provide a
`certificate of service that complies with all applicable rules.
`
`Patricia Egwuatu on behalf of Patricia Egwuatu
`Bar No. 00790633
`patlawoffice@yahoo.com
`Envelope ID: 82145598
`Filing Code Description: BVS Form Received Court Use Only
`Filing Description:
`Status as of 12/1/2023 2:48 PM CST
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`Case Contacts
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`Uzo Mokolo po umokolo@mokololawfirm.com|12/1/2023 12:00:47 PM|SENT
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`Patricia Ngozi Egwuatu|790633 12/1/2023 12:00:47 PM|SENTpatlawoffice@yahoo.com
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