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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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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