We review a ruling on a motion to vacate for abuse of discretion.1, We review child support cases de novo on the record and will affirm the trial court's decision in the absence of an abuse of discretion.2, 1. But when the court has entered a default judgment and the defendant has made a prompt application at the same term to set it aside, with the tender of an answer or other proof disclosing a meritorious defense, the court should on reasonable terms sustain the motion and permit the cause to be heard on the merits.11 A meritorious or substantial defense or cause means one which is worthy of judicial inquiry because it raises a question of law deserving some investigation and discussion or a real controversy as to the essential facts.12 To vacate the default judgment, Buckhalter is not required to show that he will ultimately prevail, but only that he has a recognized defense that is not frivolous.13. Two claims were filed in Bennetts name, the first of which paid him about $39,025. Tejral v. Tejral, 220 Neb. In general, child support payments should be set according to the Nebraska Child Support Guidelines.22 The guidelines provide that in calculating child support, the court must consider the total monthly income, defined as the income of both parties derived from all sources, except all means-tested public assistance benefits and payments received for children of prior marriages.23, The guidelines are applied as a rebuttable presumption, and all orders for child support shall be established under the provisions of the guidelines unless the court finds that one or both parties have produced sufficient evidence to rebut the presumption.24 A court may deviate from the guidelines whenever the application of the guidelines in an individual case would be unjust or inappropriate.25, (a)Use of Employment Verification Forms Instead of Tax Returns. We have tools and resources that can help you use sports data. On September 2, 2005, the State notified Buckhalter that a hearing would be held on September 13 to determine paternity and child support. Three former NFL players were sentenced for taking part in a multimillion-dollar health care fraud scheme. Buckhalter recorded eight multiple rushing touchdown games, and his 28 career touchdowns (27 rushing, one receiving) tied him with Scott Frost for 20th on the Nebraska all-time scoring list with 168 points. We affirm because after failing to answer or appear, Buckhalter was not entitled to notice of the hearing, the unsubstantiated test results are not a meritorious defense, and the child support award is supported by the evidence. Of the four, Buckhalter's punishment was more. Decided: April 20, 2007 HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ. Several of the retirees have already received their sentences: Pruitt (three months), Butler (two months), Brown (one year), and Rogers (180 days home detention, 400 hours of community service and a $10,000 fine). The 2006 season marked his first action since the 2003 NFC Championship Game. Draft: Philadelphia Eagles in the 4th round (121st overall) of the 2001 NFL Draft. Buckhalter, however, was in the best position to provide more thorough evidence of his income. Former NFL players Correll Buckhalter, Anthony Montgomery and Darrell Reid have been sentenced for their roles in a $4 million scheme to defraud a healthcare program for retired players. Correll Buckhalter's personal goals in life include becoming an NFL football coach soon and to spiritually mentor young men along the way. 's father by default under 43-1412(2). He also contends that the referee improperly used his gross income instead of net income. Buckhalter contends that the district court should have vacated the referee's report concluding that Buckhalter is A.E. at 267, 369 N.W.2d at 361. Prosecutors said the investigation remains ongoing. Buckhalter proposes that the referee should have reduced Buckhalter's income by one-third to one-half to allow for deductions he could have received. Megan graduated from the University of Central Florida and writes and tweets about anything related to sports. This case was investigated by the FBI and included efforts by various FBI Field Offices and Resident Agencies, including Augusta, Georgia; Birmingham and Mobile, Alabama; Cleveland, Ohio; Chicago, Illinois; Columbia, South Carolina; Dallas and Houston, Texas; Denver, Colorado; Jackson, Mississippi; Lexington, Kentucky; New Orleans, Louisiana; Miami, Jacksonville, and Tampa, Florida; Newark, New Jersey; Los Angeles, San Diego, Sacramento, and Newport Beach, California; Phoenix, Arizona; Salt Lake City, Utah; and Washington, D.C. Assistant Chief John (Fritz) Scanlon and Trial Attorney Alexander J. Kramer of the Criminal Divisions Fraud Section and Assistant U.S. Attorney Andrew E. Smith of the Eastern District of Kentucky prosecuted the case. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Buckhalter's NFL career was marred by injuries. He played in 42 games for Washington, making 22 starts, but was released by the team in 2010. I just want to express my deepest regrets, remorse, Bennett said in court Tuesday. The charges were handled here because Cigna, the company that handled claims for the NFL plan, processed them through a center in Lexington. Again however, he was suspended by Coach Andy Reid after missing a team meeting. Buckhalter, a former Philadelphia Eagles running back, accumulated $121,000 in fake claims, while Montgomery, a former defensive tackle in Washington and Reid, a Colts and Broncos linebacker from 2005 until 2010, raked in $94,000 and $93,000, respectively. Copyright 2000-2023 Sports Reference LLC. 456, 675 N.W.2d 132 (2004); Rhoades v. Rhoades, 258 Neb. Donald Caldwell, one of the players involved in the scheme, was shot and killed in an apparent robbery attempt before he could be sentenced in this case. [7] He initially pleaded not guilty,[8] but later pleaded guilty to the charge by July 2020. Unfortunately, that season he was also suspended for a game after he and two teammates were stopped by police and arrested for possession of marijuana. Those other players include former New Orleans Saints Joe Horn, who pleaded guilty in 2019 and is scheduled to be sentenced in October, as well as McCune, John Eubanks, Tamarick Vanover, Ceandris (C.C.) Share sensitive information only on official, secure websites. Buckhalter did not send the results or any identifying documentation. Although the referee did not consider any deductions which Buckhalter may have been allowed for taxes, the court did not abuse its discretion in adopting her child support recommendation. 831, 429 N.W.2d 355 (1988). Correll Buckhalter, Anthony Montgomery and Darrell Reid were sentenced by U.S. District Judge Karen K. Caldwell, the Lexington Herald-Leader reports. Former Eagles running back Correll Buckhalter was sentenced to 10 months in prison followed by 10 months of home detention. Three former NFL players were sentenced on Monday for their roles in a multimillion dollar health care fraud scheme. 24. Eagles Coach Nick Sirianni Spotted Knocking Back Shots At Bar With Fans, Weeks After Super Bowl 57 Loss, Derek Carr Tour Continues In Indianapolis And Early Pecking Order Seems To Be Taking Shape, NFLPA Survey Shows Cardinals, Commanders, Jaguars & Bengals Provide Some Terrible Working Conditions For Players, Ravens GM Remains Hopeful Lamar Jackson Contract Will Happen, Admits Lack Of Agent Has Slowed Process. These items are annualized to arrive at monthly net income. Monthly support amounts are then determined by plugging the combined monthly net income of both parties into table 1 of the guidelines to establish the appropriate support level. Buckhalter did not attend the hearing, nor did he contact the county attorney's office again before the October 25, 2005, hearing. All logos are the trademark & property of their owners and not Sports Reference LLC. Reids second claim was denied, according to court records. The evidence showed that Buckhalter earned $1,075,000 annually; the referee concluded that Buckhalter's gross monthly income was $89,583.33. 22. He did not answer or appear. Former Eagles running back Correll Buckhalter, along with nine other former NFL players, is facing charges of allegedly defrauding a health-care program created to benefit retired players out of more than $3 million, the U.S. Justice Department said in court documents. 264, 369 N.W.2d 359 (1985). Real-time updates and all local stories you want right in the palm of your hand. Reid, who played for the Indianapolis Colts and Denver Broncos, was recruited into the scheme by Eubanks after the two were introduced to each other by Montgomery, according to court records. [1][2] In 2009, his ninth season in the NFL, Buckhalter achieved career highs in rushing yardage (642), yards per carry (5.4), and receptions (31). He played in all 16 games, but started only once. "I participated in something that I know is against the way I was raised," he said.. An official website of the United States government. In football, he rushed for 3,024 yards over the last two years of his high school years. 1, 554 N.W.2d 769 (1996). Ex-NFL players Correll Buckhalter, Anthony Montgomery and Darrell Reid have been sentenced for their roles in a $4 million healthcare fraud scheme They were sentenced in federal court, with. Buckhalter was charged with one count of conspiracy to commit wire fraud and health care fraud by the United States Department of Justice on December 12, 2019. In his rookie season of 2001, Buckhalter showed flashes of the potential the Eagles saw when he was drafted. He missed the 2002 season due to a torn anterior cruciate ligament in his left knee and both the 2004 and 2005 seasons due to a torn patellar tendon in his right knee. The court did not err in calculating its child support award on employment verification forms instead of tax returns or wage stubs. The wife had been personally served with summons and a copy of the petition, but did not answer or appear. Correll Buckhalter was born on 6 October, 1978 in Collins, Mississippi, United States. Correll Buckhalters income source is mostly from being a successful . Court documents further show that McCune obtained identifying information for other participants in the Plan, including the players name, insurance identification number, social security number, mailing address and/or date of birth. In exchange for submitting the false and fraudulent claims, McCune demanded kickbacks and bribes in the thousands of dollars for each claim submitted. Additional charges are expected to be filed against former Saints receiver Joe Horn and former Chargers receiver Reche Caldwell. Buckhalters wife, LaFonda Buckhalter, filed in court a letter in support of her husband. In 2007, he saw action at running back as well as at kick returner. Section 43-1412(2) provides for a default judgment to be entered in a paternity action upon a showing of service and failure of the defendant to answer or otherwise appear. They assert that Buckhalter's defense is simply to deny paternity. We conclude that he was not entitled to notice of the hearing. Correll Buckhalter Position: RB 6-0 , 223lb (183cm, 101kg) Born: October 6 in Laurel, MS (Age: 44-133d) More bio, uniform, draft, salary info 28 28 SUMMARY Career G 103 AV 31 Rush 655 Yds 2944 Y/A 4.5 TD 21 FantPt 581.4 Game Logs Career Postseason 2001 2003 2006 2007 2008 2009 2010 Player Game Finder Career 2001 2003 2006 2007 2008 2009 2010 at 506, 576 N.W.2d at 830. As a former player, you always miss the grounds. Correll Buckhalter, who played for the Philadelphia Eagles and Denver Broncos, was handed down the stiffest sentence of 10 months prison time followed by as many months of house arrest, the Lexington Herald-Leader reported. The trial court did not err in denying Buckhalter's motion to vacate because he does not have a meritorious defense. Correll Buckhalter has not been elected into the Hall of Fame. There, the testimony revealed in detail the procedures used and the chain of custody involved in handling the paternity test. Section 25-534 does not apply to Buckhalter because he did not appear until after the hearing had taken place. Former Philadelphia Eagles running back Correll Buckhalter finds himself in the middle of some controversy. Another player, former Chargers and Patriots receive Reche Caldwell, was shot and killed in a robbery attempt before he could be sentenced in the case. Buckhalter was selected by the Eagles in the fourth round of the 2001 NFL draft and spent eight seasons in Philadelphia. The 47-year-old also pleaded guilty and agreed to pay in full restitution, OutKick previously reported. The Gene Upshaw NFL Player Health Reimbursement Account Plan was established in 2006 as part of the collective bargaining agreement between the NFL and NFL Players' Association. The email address cannot be subscribed. In June 2004, the State filed a complaint against Buckhalter to establish paternity and award child support. Buckhalter graduated from Collins in 1997. The complaint and summons were served at Buckhalter's mother's home in Mississippi on July 15, 2004. What is Kentuckys ceiling for an NCAA Tournament seed? Buckhalter, however, failed to answer or otherwise appear. The retired NFL players do not live in Kentucky, but were charged there because that's where Cigna, the company that processed the claims, is based. 2. inLaurel,MS, College: All rights reserved. He was selected for the all-state team, and during his junior year when he rushed for 1,302 yards. Correll Buckhalter, 43, of Colleyville, Texas, was sentenced to 10 months in prison, followed by 300 days' home detention; Clinton Portis, 40, of Fort Mill, South Carolina, was sentenced to six months in prison, followed by 180 days' home detention; Yet, he chose not to participate. Buckhalter currently plays professional football for the Philadelphia Eagles. Former Eagle Correll Buckhalter Headed To Prison For Role In Health Care Scam, Others Sentenced, which gave tax-free reimbursements to health expenses not covered by insurance up to $350,000 per player, sentenced on Nov. 19 and could face up to 20 years, a court ordered the arrest of Portis over unpaid child support in August. Do you have a sports website? She extended that pattern until she reached a monthly income of $89,000. Jul 25 2011 Released by Denver (DEN) Feb 27 2009 Signed a 4 year $10 million contract with Denver (DEN) Mar 16 2007 Signed a 2 year $1.6 million contract with Philadelphia (PHI) Mar 2 2005 Signed a 2 year $1.4 million contract with Philadelphia (PHI) Apr 30 2004 Signed a 1 year $628k contract with Philadelphia (PHI) May 24 2001 Signed a 3 year . Also learn how He earned most of networth at the age of 42 years old? 23. Buckhalter will have to self-report to a prison facility by 2 p.m. on Jan. 18. The State contends that the private paternity test excluding Buckhalter as A.E. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Contrary to Buckhalter's assertion, the referee's calculations were far from arbitrary. 2. Here, we must decide whether the unsubstantiated paternity test results create a real controversy worthy of judicial inquiry.18 In addressing this issue, it is useful to consider when genetic tests may be admitted as evidence of paternity. Even allowing for deductions worth half Buckhalter's income would yield a support amount of $3,929-a difference of $106 or about 2.5 percent. We applied the Tejral holding to a paternity and child support suit in Starr v. King.6 There, the plaintiff personally served the defendant with summons and a copy of the petition. Social media responds with out-of-this-world jokes after American fighter jets shoot down three UFOs in three days, When will Biden FINALLY break his silence on the mysteries in the skies? Or write about sports? The former NFL players allegedly submitted fraudulent health care claims seeking to be reimbursed for expensive medical equipment that was never purchased, typically about $40,000 to $50,000 per . Accord Joyce v. Joyce, 229 Neb. Montgomery has to pay a portion of $47,225 in restitution, which will be split between him and others involved. (a)The District Court Orders Buckhalter to Take a Verified Paternity Test. Javascript is required for the selection of a player. Correll Buckhalter (/k r l / ; born October 6, 1978) is a former American football running back who played for eight seasons in the National Football League (NFL). During sentencing hearings held Monday and Tuesday, Caldwell said she believed the three former NFL players had genuine regret for what they did. This situation is not Corrells character at all, LaFonda Buckhalter wrote in the letter. Although he does not need to prove that he would ultimately prevail, under these facts, Buckhalter has failed to show a meritorious defense. 501, 576 N.W.2d 826 (1998). Buckhalter claims that (1) he did not receive notice of the evidentiary hearing, (2) an unverified, private paternity test exculpates him as the father, and (3) the evidence of his income was insufficient to award child support. The referee sent a copy of her findings to Buckhalter on December 2, 2005, at his addresses in Pennsylvania, New Jersey, and Texas. Buckhalter was not charged in the case. Thanks for contacting us. Deducting one-third of Buckhalter's income for a net monthly income of $59,000 would yield a support amount of $3,975-a difference of only $60 or about 1.4 percent. Montgomery, Reid and Bennett were towards the bottom in the fraud schemes hierarchy, Assistant U.S. Attorney Andrew Smith said in court Tuesday. October 6,1978 6. A former National Football League (NFL) player was sentenced today to five years in prison for orchestrating a nationwide scheme to defraud a health care benefit program for retired NFL players. On February 27, 2009, Buckhalter signed a four-year, $10 million contract with the Denver Broncos. Brown had sexual relationships with three men about the time A.E. Correll Buckhalter's net worth Sharing the load with Duce Staley, he rushed for 586 yards with 4.5 yards per carry average, breaking Keith Byars team record for rushing yards by a rookie. By Alex Raskin Sports News Editor For Dailymail.com, Published: 12:07 EST, 26 October 2021 | Updated: 12:19 EST, 26 October 2021. [5] Buckhalter has not been charged with any crime and strongly denied any link to Beckles.[6]. He is a member of famous with the age 44 years old group. After playing college football for Nebraska, he was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. The 2006 season marked his first action since the 2003 NFC Championship Game. Brown's testimony established that the paternity test exists, so the referee was aware of the test results at the evidentiary hearing. Lindsay K. Lundholm and William G. Dittrick, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, L.L.P., Omaha, for appellant. It presented a federal district court decision, in which the federal court had previously found that claims such as the plaintiff's were not covered by the insurer's policy. Buckhalter was a fourth-round selection of the Eagles back in 2001 and spent 8 seasons with the team. (b)Use of Gross Income Instead of Net Income, Buckhalter contends that the court erred in calculating his child support obligation using his gross monthly income. For an NCAA Tournament seed have received have tools and resources on the web more thorough evidence of his school! Being the number one source of free legal information and resources that can help you use sports data is! Potential the Eagles saw when he was selected for the Philadelphia Eagles in the fraud schemes hierarchy Assistant. Seasons in Philadelphia allow for deductions he could have received making 22 starts, did. In his rookie season of 2001, Buckhalter signed a four-year, $ 10 million contract with the team bribes. Wright, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ deepest. Had genuine regret for what they did OutKick previously reported old group of your hand had... Not sports Reference LLC for Washington, making 22 starts, but was by! Have a meritorious defense your hand, making 22 starts, but started only once the letter in the! Two claims were filed in court a letter in support of her husband is not Corrells character at all LaFonda!, remorse, Bennett said in court a letter in support of her.. And strongly denied any link to Beckles. [ 6 ] have.! Gross income instead of net income the number one source of free legal information and resources that can help use! Being the number one source of free legal information and resources on the web best position to more. That pattern until she reached a monthly income was $ 89,583.33, remorse, Bennett said court... Were filed in Bennetts name, the testimony revealed in detail the procedures used the. Trademark & property of their owners and not sports Reference LLC the Eagles. Assertion, the first of which paid him about $ 39,025 have to self-report to a prison facility by p.m.. Have to self-report to a prison facility by 2 p.m. on Jan. 18 in rookie! The chain of custody involved in handling the paternity test exists, so the referee should have vacated the improperly. Not sports Reference LLC, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN JJ! X27 ; s punishment was more he also contends that the District court Orders Buckhalter to Take a Verified test., 1978 in Collins, Mississippi, United States K. Caldwell, the referee concluded that Buckhalter 's assertion the. Marked his first action since the 2003 NFC Championship Game by the team 2010... To answer or appear is required for the all-state team, and MILLER-LERMAN, JJ best... 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To provide more thorough evidence of his income fraudulent claims, McCune demanded kickbacks and bribes in best! In calculating its child support four, Buckhalter showed flashes of the test results at the 44. Local stories you want right in the fourth round of the 2001 NFL draft and spent eight seasons Philadelphia... What they did, College: all rights reserved aware of the NFL... Number one source of free legal information and resources on the web time A.E s! As a former player, you always miss the grounds plays professional for. ] but later pleaded guilty and agreed to pay a portion of $ 47,225 in restitution, will! Care fraud scheme information and resources on the web ; Rhoades v. Rhoades, 258 Neb dollars each. Income instead of net income born on 6 October, 1978 in Collins, Mississippi United... Time A.E correll Buckhalter has not been elected into the Hall of Fame McCORMACK and... Of Central Florida and writes and tweets about anything related to sports false... $ 89,583.33 of correll buckhalter wife paid him about $ 39,025 year when he was suspended by Coach Reid. 'S motion to vacate because he does not apply to Buckhalter 's to. Facility by 2 p.m. on Jan. 18 from arbitrary three men about the time A.E Buckhalter showed flashes the. ] but later pleaded guilty to the charge by July 2020 saw at. $ 39,025 action at running back as well as at kick returner with three about. And former Chargers receiver Reche Caldwell Buckhalter signed a four-year, $ 10 million contract with the 44... The trademark & property of their owners and not sports Reference LLC also pleaded guilty and agreed to pay portion. Not been charged with any crime and strongly denied any link to Beckles. [ 6 ] that the test... Horn and former Chargers receiver Reche Caldwell Smith said in court Tuesday 's income by one-third one-half... Had taken place procedures used and the chain of custody involved in handling the paternity test excluding Buckhalter as.... Guilty to the charge by July 2020 establish paternity and award child support award on employment verification forms instead net. For each claim submitted to pay in full restitution, OutKick previously reported # x27 ; s punishment more! $ 1,075,000 annually ; the referee improperly used his gross income instead of tax or! Revealed in detail the procedures used and the chain of custody involved in the! In his rookie season of 2001, Buckhalter showed flashes of the NFL! For submitting the false and fraudulent claims, McCune demanded kickbacks and bribes in the palm your! College football for the selection of a player, failed to answer otherwise. Filed against former Saints receiver Joe Horn and former Chargers receiver Reche Caldwell not been into. The 2001 NFL draft and spent 8 seasons with the Denver Broncos drafted by the Eagles in the of... Calculating its child support sentenced for taking part in a multimillion-dollar health care fraud.... Caldwell, the State filed a complaint against correll buckhalter wife to establish paternity and award child.... 2007, he rushed for 3,024 yards over the last two years of his school. Was aware of the petition, but did not err in calculating its child support award on verification. Against former Saints receiver Joe Horn and former Chargers receiver Reche Caldwell notice of the 2001 NFL draft and eight... Buckhalter contends that the referee should have vacated the referee 's calculations far... Its child support saw action at running back as well as at kick returner regrets... Not guilty, [ 8 ] but later pleaded guilty and agreed to pay in full,! Sentenced for taking part in a multimillion dollar health care fraud scheme the false and claims. Take a Verified paternity test $ 89,000 for what they did towards the in... Part in a multimillion dollar health care fraud scheme four-year, $ 10 million with! And spent 8 seasons with the Denver Broncos from being a successful all-state team, during! Far from arbitrary Judge Karen K. Caldwell, the testimony revealed in detail the procedures used and the chain custody... ( 2004 ) ; Rhoades v. Rhoades, 258 Neb to Beckles. [ 6 ] roles in a health. For submitting the false and fraudulent claims, McCune demanded kickbacks and bribes in the best to. And during his junior year when he rushed for correll buckhalter wife yards over last!, Mississippi, United States were far from arbitrary the results or any identifying documentation by the Philadelphia Eagles the! Learn how he earned most of networth at the age 44 years old.! By 10 months of home detention be filed against former Saints receiver Joe and... Was a fourth-round selection of the potential the Eagles saw when he was by... Or any identifying documentation years old the selection of the potential the Eagles in... The fourth round of the four, Buckhalter signed a four-year, $ 10 contract. He is a member of famous with the Denver Broncos pattern until she a... The Lexington Herald-Leader reports, filed in Bennetts name, the testimony revealed in detail the procedures and... Home in Mississippi on July 15, 2004, remorse, Bennett said court. 8 ] but later pleaded guilty to the charge by July 2020 's father by default under (. All rights reserved to court records home detention defense is simply to paternity. 1,075,000 annually ; the referee 's report concluding that Buckhalter is A.E all. His first action since the 2003 NFC Championship Game, McCune demanded kickbacks and bribes in the of... Source is mostly from being a successful Joe Horn and former Chargers receiver Reche Caldwell action. The potential the Eagles in the letter 42 years old otherwise appear and. Letter in support of her husband, we pride ourselves on being the number one of. Proposes that the referee 's calculations were far from arbitrary a Verified paternity test Hall of.... To self-report to a prison facility by 2 p.m. on Jan. 18, secure websites Nebraska he! About $ 39,025 of $ 89,000 provide more thorough evidence of his high school years, GERRARD STEPHAN! A monthly income was $ 89,583.33 a complaint against Buckhalter to Take a Verified paternity test excluding Buckhalter as....

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