Settlements and Stipulations: Drafting Tips

Most child support cases end in agreement, not trial. The quality of your stipulation—the written settlement the judge signs—determines how easily the order can be enforced. Draft with the payroll clerk and the future you in mind: plain language, exact numbers, and no loose ends.

Start with the worksheet. Even when you deviate, attach the guideline worksheet that shows each input (gross income, insurance premiums, childcare costs, overnights). Identify which inputs are estimates and set review dates if needed (e.g., “upon receipt of W‑2s” or “after three months of paystubs”). Courts like transparency about how you reached the number.

Be precise with amounts and dates. State the monthly current support, arrears installment (if any), and the first due date. Spell out the per‑pay‑period withholding amount if possible (“$X semi‑monthly” or “$Y biweekly”). Ambiguity creates payroll errors. If payments start retroactively, specify how many months and the total retro amount to be repaid on a schedule.

Medical support and add‑ons. Identify who carries insurance, the cost attributable to the child, and how uninsured expenses will be split. Define “work‑related childcare,” set a process for reimbursements (submit within 30 days; pay within 30 days), and require proof (EOBs, receipts). Consider caps and consent for non‑essential expenses to prevent future battles over club sports or luxury camps.

Travel and parenting time. If long‑distance, include travel‑cost rules (split, caps, booking timelines) and a parenting‑time schedule detailed enough for schools and employers. If your state’s guideline provides parenting‑time credits, list the overnights used in the math so later disputes don’t rewrite history.

Income changes and reviews. Add a neutral review trigger: annual wage statements, job loss, or a 10% change in income substantiated by documents. Provide for a quick exchange of updated paystubs and a mediation window before filing to modify. This reduces courtroom whiplash and gives both sides a path to adjust fairly.

Enforcement and default. Route payments through the State Disbursement Unit (SDU) with immediate income withholding unless good cause is shown. Include arrears consequences for missed payments: interest accrual per statute, passport denial thresholds, or license suspension eligibility. For contempt, set purge conditions that are realistic and measurable (e.g., “$500 by [date] and current payments for 60 days”).

Tax and credits. If your jurisdiction allows, state who claims the child for tax purposes and under what conditions (current support paid by December 31; no arrears beyond X). Clarify that child support is non‑taxable to the recipient and non‑deductible to the payer to avoid misunderstandings.

Drafting format. Use the court’s preferred template if available. Number paragraphs, define terms, and avoid jargon. Put the case number and SDU account number on the first page. Attach exhibits (worksheet, insurance proof). Obtain all signatures and include findings required by your state (e.g., deviation reasons).

After signature. Once the judge signs, circulate the conformed order to payroll and the SDU immediately. Calendar review dates and follow up to confirm the first posting. If the order depends on a future event (childcare starting, new job), add a tickler and exchange proof before that date.

Bottom line. A tight stipulation is a gift to your future self. Write like a payroll manual: exact numbers, clear processes, and defined review points. Enforcement becomes routine, not a second round of litigation.

Disclaimer: Educational information only; not legal advice. Rules vary by state and change over time. Consult a licensed attorney.