Dad Failed to Show Changed Circumstances to Modify Custody

Tennessee child custody modification and child support income determination case summary.

Daniel Jerome Canzoneri v. Colleen Luella Burns

The mother and father in this Rutherford County, Tennessee, case were the parents of two children born in 2013 and 2015.  They were never married, but lived together in Arizona before the mother moved to Tennessee.  In 2014, the father relocated to Indiana, after which the second child was born.

The parties agreed to a permanent parenting plan which was approved by the court.  The father was given 120 days per year parenting time, with the mother being named primary residential parent.  The father was ordered to pay child support of $630 per month, based upon a monthly income of $2600.

In 2019, the mother informed the father of a domestic violence incident involving the stepfather.  While the children were not present, the stepfather threatened to harm them.  The stepfather was arrested, and the mother moved out.  The mother asked the father to temporarily take custody of the children.

The father then went back to court and asked for a modification of the parenting plan.  He alleged that the domestic incident and the mother’s residential instability represented a material change of circumstances.

The mother ultimately obtained an order of protection against the stepfather.  A hearing was then held on the motion, as well as the mother’s request to modify child support.

At the hearing, the father testified as to the domestic abuse incident, but admitted that the mother’s response was appropriate.  He also testified as to disputes regarding the school and preschool the children were attending.  There was also a disagreement as to dental care.

After hearing the testimony of both parents, the lower court made its ruling.  It found that there had not been a material change of circumstances.  It also found that the father was voluntarily underemployed and was capable of making a higher income than he was actually receiving.   It found that the father was capable of earning $800 per week, and set his child support obligation at $550 per month.  The father then appealed to the Tennessee Court of Appeals.

The appeals court turned first to the modification of the parenting plan.  It noted that to change the parenting plan, there must be a material change of circumstances that affects the child’s well-being, and that this must have arisen after the original decree.

The appeals court reviewed the evidence and agreed with the lower court’s finding.  The father argued that the domestic abuse incident was significant, but both he and the trial court agreed that the mother had handled the incident appropriately, and had immediately contacted him.  The court did review what happened in the incident, and concluded that the incident did not warrant a change or custody.

The father fared better, however, when it came to child support.  The trial court had concluded, based upon the father’s education, background, and economy, that he was capable of earning $20 per hour, more than he earned in his landscaping business.  But the appeals court held that these factors were insufficient, and the trial court failed to look in sufficient detail at the statutory factors.  Since the trial court employed the wrong legal standards, the appeals court remanded the case for a determination of the correct amount.

For these reasons, the Court of Appeals remanded the case to the lower court.

No.M2020-01109-COA-R3-CV (Tenn. Ct. App. Aug. 4,  2021).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Modifying Custody & Parenting Plans.

See also Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring examples of parenting plans and child support worksheets from real cases available on Amazon.com.