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Buckhalter appeal rejected
Nebraska Court orders Eagles RB to pay child support
Posted: Friday April 20, 2007 12:32PM; Updated: Friday April 20, 2007 12:32PM
OMAHA, Neb. (AP) -- The state Supreme Court ordered the Philadelphia Eagles' Correll Buckhalter to pay $4,035 a month in child support for an autistic boy he is alleged to have fathered while a football player at Nebraska.
In a ruling filed Friday, the high court rejected a paternity test -- paid for by Buckhalter -- that excluded him as the father. Also rejected were Buckhalter's claims that he wasn't adequately notified of a hearing and that the state erred in calculating the support amount.
Buckhalter did not immediately respond to an interview request through the Eagles. Buckhalter attorney William Dittrick of Omaha and Lancaster County Deputy Attorney Barb Armstead did not immediately return phone messages left at their offices.
The state filed a complaint in June 2004 alleging that Buckhalter fathered the boy, now 7. Buckhalter didn't respond to the complaint or take a state-sanctioned paternity test, and a default judgment was entered against him in November 2005.
Buckhalter contended that the state ignored the result of his private genetic test.
But Armstead, in arguments to the high court March 7, said she couldn't accept the DNA test result produced by Buckhalter because it wasn't accompanied by identifying information proving Buckhalter was the person who provided the DNA sample.
The Supreme Court agreed, saying Buckhalter offered nothing to suggest that the result was reliable.
"The existence of Buckhalter's unverified test results does not create a meritorious defense that would require the district court to vacate the (district court) referee's findings," the court said in its ruling.
In upholding the default judgment, the high court said the county attorney's office had made multiple attempts to notify Buckhalter that the case was proceeding and that it was only after a default judgment was entered that he contacted the district court.
The high court also signed off on the state's method of calculating Buckhalter's monthly support payment.
The district court referee awarded the boy's mother, Jennifer L. Brown, monthly support in addition to $68,595 in back support. The referee calculated Buckhalter's monthly child-support payments based on his pretax salary of $1.075 million.
Buckhalter argued that the state wrongly used his gross income rather than his net income in figuring support. The Eagles provided the state with employment verification forms. Buckhalter said his tax returns should have been used instead.
The high court noted that Buckhalter was in the best position to provide more thorough evidence of his income yet chose not to participate.
"We believe the state used a reasonable method to obtain information about Buckhalter's income when he refused to participate in the proceedings or submit evidence in his own behalf," the court said.
At Buckhalter's income level, the difference between support payments based on gross and net incomes would have been minimal, the court said.
According to court documents, the boy has been diagnosed with autism and attention deficit hyperactivity disorder and requires behavioral therapy and medication costing $300 a month. The mother stopped receiving Medicaid in anticipation of receiving support from Buckhalter.
Buckhalter played at Nebraska 1997-2000 and was a fourth-round draft pick in 2001. He has spent his entire pro career with the Eagles.
Nebraska Court orders Eagles RB to pay child support
Posted: Friday April 20, 2007 12:32PM; Updated: Friday April 20, 2007 12:32PM
OMAHA, Neb. (AP) -- The state Supreme Court ordered the Philadelphia Eagles' Correll Buckhalter to pay $4,035 a month in child support for an autistic boy he is alleged to have fathered while a football player at Nebraska.
In a ruling filed Friday, the high court rejected a paternity test -- paid for by Buckhalter -- that excluded him as the father. Also rejected were Buckhalter's claims that he wasn't adequately notified of a hearing and that the state erred in calculating the support amount.
Buckhalter did not immediately respond to an interview request through the Eagles. Buckhalter attorney William Dittrick of Omaha and Lancaster County Deputy Attorney Barb Armstead did not immediately return phone messages left at their offices.
The state filed a complaint in June 2004 alleging that Buckhalter fathered the boy, now 7. Buckhalter didn't respond to the complaint or take a state-sanctioned paternity test, and a default judgment was entered against him in November 2005.
Buckhalter contended that the state ignored the result of his private genetic test.
But Armstead, in arguments to the high court March 7, said she couldn't accept the DNA test result produced by Buckhalter because it wasn't accompanied by identifying information proving Buckhalter was the person who provided the DNA sample.
The Supreme Court agreed, saying Buckhalter offered nothing to suggest that the result was reliable.
"The existence of Buckhalter's unverified test results does not create a meritorious defense that would require the district court to vacate the (district court) referee's findings," the court said in its ruling.
In upholding the default judgment, the high court said the county attorney's office had made multiple attempts to notify Buckhalter that the case was proceeding and that it was only after a default judgment was entered that he contacted the district court.
The high court also signed off on the state's method of calculating Buckhalter's monthly support payment.
The district court referee awarded the boy's mother, Jennifer L. Brown, monthly support in addition to $68,595 in back support. The referee calculated Buckhalter's monthly child-support payments based on his pretax salary of $1.075 million.
Buckhalter argued that the state wrongly used his gross income rather than his net income in figuring support. The Eagles provided the state with employment verification forms. Buckhalter said his tax returns should have been used instead.
The high court noted that Buckhalter was in the best position to provide more thorough evidence of his income yet chose not to participate.
"We believe the state used a reasonable method to obtain information about Buckhalter's income when he refused to participate in the proceedings or submit evidence in his own behalf," the court said.
At Buckhalter's income level, the difference between support payments based on gross and net incomes would have been minimal, the court said.
According to court documents, the boy has been diagnosed with autism and attention deficit hyperactivity disorder and requires behavioral therapy and medication costing $300 a month. The mother stopped receiving Medicaid in anticipation of receiving support from Buckhalter.
Buckhalter played at Nebraska 1997-2000 and was a fourth-round draft pick in 2001. He has spent his entire pro career with the Eagles.
