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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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