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Non-custodial parent must still pay arrearages to cover funeral expenses

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An emancipated child will be able to collect child support arrearages to pay for her custodial parent’s funeral but she and her sibling will not be allowed to accept the remainder of the accrued support payments, ruled the Indiana Court of Appeals.

When Dean Buchanan died, his ex-wife Debra Roop owed about $9,400 in child support payments. The trial court granted the oldest child Tina Buchanan’s request that she be allowed to collect the arrearages to cover the expenses of her father’s funeral and that the rest of the money be divided between her sibling and herself.

Roop appealed, asserting the trial court abused its discretion when it ordered her to continue to make payments toward her child support arrearage even though the recipient was deceased. Because no estate has been established, the court improperly earmarked the support arrearage to pay for Dean Buchanan’s funeral expenses that had been incurred by the adult child.

In Debra A. Roop v. Dean A. Buchanan, 88A01-1304-DR-171, the Court of Appeals concluded the trial court properly ordered Roop to pay the accrued child support obligation to cover the funeral costs.

The COA pointed out that Dean Buchanan likely could not save for his funeral because he had to use his own money to offset any deficit caused by Roop’s unpaid child support while the children were minors. Now, since Tina Buchanan has to assume the funeral costs, the Court of Appeals did not find that the lower court abused its discretion.

However, the appellate court did reverse the award of the arrearages leftover after the funeral expenses are paid to the emancipated children. It ruled in the absence of an estate, the trial court abused its discretion in allowed the siblings to receive the rest of the unpaid debt.

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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