Submit a Stipulation & Order if the Other Party Agrees
After a final custody order is entered, you and the other parent might need to change the custody order, the visitation schedule, or the child support amount in the future. If you both agree to the changes to be made, this page will show you how you and the other parent can complete some forms and change your court order without needing to see a judge.
Overview of a Stipulation & Order
A “stipulation” is an agreement between two parties that is submitted to the judge for approval. It eliminates the need to go to court and have a judge make a decision about an issue. A written “Stipulation and Order” includes the parties’ agreement, both of their notarized signatures, and the judge’s signature. Once signed by the judge, the agreement becomes a legally binding “order.”
You may wonder why you need to do anything at all if you and the other party agree to change things. The reason is simple: the judge expects you both to follow court orders and needs to know when you want to change the orders. A Stipulation & Order tells the judge your new agreement and makes it part of the court record. It also ensures that if you ever have to come back to court because you and the other party do not agree about something, the judge will already know the changes that have been made. If no Stipulation & Order is filed, the judge will assume you are still following (or should be following) the original court order.
Some issues that parties might want to resolve through a Stipulation & Order are:
- A change in legal custody over the children
- A change in the physical custody order
- A change in the visitation schedule
- A change in child support
FYI!A parent paying child support is responsible for the court-ordered child support amount until a Stipulation and Order is entered or until he or she files a Motion to Modify Child Support. A judge cannot set a date in the past as the date that child support should have changed. Any changes you and the other parent reach regarding child support are especially important to get on record so that arrears do not accumulate against the parent that was ordered to pay child support.
How to Get a Stipulation & Order Filed in Your Case
Follow these steps if you would like to have a Stipulation & Order entered in your case:
- Complete the Stipulation & Order
- Submit the Stipulation & Order to the Judge for Review
- File a Notice of Entry of Order
- Serve the Other Party
Download and complete the Stipulation and Order. The first page includes blank lines where you can fill in the agreement between you and the other party. Add another page if more room is needed. Be very specific about the orders you are changing and the new orders that should be in place going forward. If your agreement is unclear, the judge may not sign the order.
Do not sign the Stipulation & Order until you are in front of a notary. The other party will also have to sign the document in front of a notary (you can both do this separately, just be sure both signatures are notarized before going to the next step).
Bring your original Stipulation & Order and two copies to the Family Courthouse (or mail to 601 N. Pecos, Las Vegas, NV 89101). There are drop boxes for each judge on the third floor of the courthouse. Drop the Stipulation & Order in the box for your judge.
The judge will review the Stipulation & Order, and if the judge approves, the judge will sign it and mail it to one party (it is usually mailed to the person who filled out the upper left corner of the first page). If there is a problem with the paperwork, the judge’s staff will include a memo letting you know what needs to be fixed so you can make any corrections and resubmit.
The date this form gets filed is the date that starts the timelines for anyone to appeal. Whoever receives the signed and filed Stipulation & Order must fill out the Notice of Entry of Order and attach a copy of the filed Stipulation & Order.
File the Notice of Entry of Order (with a copy of the Stipulation & Order attached) with the court. Be sure to fill out the Certificate of Mailing at the bottom, because you will have to mail a copy of the form to the other party the same day you file it.
Make a copy of the Notice of Entry of Order/Judgment (with the Stipulation & Order attached) and mail it to the other party. You can mail it by regular mail.