Rule 8.1.Payment of Certain Fees and Costs Through Office of the Court Clerk

Rules for District Courts of Oklahoma · Last amended August 1, 2013 · Last verified September 24, 2026

In one sentenceBars a court from routing attorney fees, child support, alimony, or similar payments through the court clerk except on a showing of necessity, and requires any payment that is so routed to be made by money order, government check, or cashier's check payable to the payee.

Full Text of Rule 8.1

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No judicial order, judgment or decree shall direct the payment of attorney fees, child support, alimony, temporary support or any similar type payment through the office of the Court Clerk, except in the case of necessity duly shown by evidence presented to the court. All such payments when ordered to be paid through the office of the court clerk, shall be made only by money order, government check or cashier's check payable to the payee to receive such payment. The court clerk shall make an entry of such payment on the appearance docket, then transmit the money order, government check or cashier's check to the payee in accordance with 43 O.S. § 136. Such payments shall not be subject to the poundage fee.

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Amendment History

This rule shall be effective for all orders issued after March 13, 1981, and all prior orders unless such prior orders expressly provide otherwise. Amended by order of the Supreme Court, 2013 OK 68, eff. August 1, 2013

Plain-English Summary

Rule 8.1 starts from a prohibition rather than a permission. No judicial order, judgment, or decree is to direct that attorney fees, child support, alimony, temporary support, or any similar payment be paid through the office of the court clerk. The exception is narrow: a case of necessity duly shown by evidence presented to the court. Necessity has to be demonstrated on evidence, not asserted.

Where payment through the clerk is ordered, the rule controls the form it takes. Payment may be made only by money order, government check, or cashier's check, and the instrument must be payable to the payee who is to receive it — not to the clerk. The clerk enters the payment on the appearance docket and then transmits the instrument to the payee in accordance with 43 O.S. § 136.

One financial consequence follows: payments made under this rule are not subject to the poundage fee.

Frequently Asked Questions

Can a court order child support to be paid through the court clerk?

Only in a case of necessity duly shown by evidence presented to the court. Rule 8.1's default is that no order, judgment, or decree shall direct such payment through the clerk's office.

What forms of payment does the rule allow?

Money order, government check, or cashier's check only, and the instrument must be made payable to the payee who is to receive the payment.

What does the clerk do with the payment?

The clerk enters the payment on the appearance docket, then transmits the money order, government check, or cashier's check to the payee in accordance with 43 O.S. § 136.

Is a poundage fee charged on these payments?

No. The rule states that payments made under it are not subject to the poundage fee.

Source & verification. Rule text is reproduced verbatim from the Rules for District Courts of Oklahoma, promulgated by the Supreme Court of Oklahoma as an appendix to Chapter 2 of Title 12 of the Oklahoma Statutes. Last verified September 24, 2026. · Official source

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