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Dad Did not Present Modified Circumstances to Modify Custody

Tennessee baby custody modification and baby help revenue dedication case abstract.

Daniel Jerome Canzoneri v. Colleen Luella Burns

The mom and father on this Rutherford County, Tennessee, case had been the mother and father of two kids born in 2013 and 2015.  They had been by no means married, however lived collectively in Arizona earlier than the mom moved to Tennessee.  In 2014, the daddy relocated to Indiana, after which the second baby was born.

The events agreed to a everlasting parenting plan which was authorized by the courtroom.  The daddy was given 120 days per 12 months parenting time, with the mom being named major residential mother or father.  The daddy was ordered to pay baby help of $630 monthly, primarily based upon a month-to-month revenue of $2600.

In 2019, the mom knowledgeable the daddy of a home violence incident involving the stepfather.  Whereas the kids weren’t current, the stepfather threatened to hurt them.  The stepfather was arrested, and the mom moved out.  The mom requested the daddy to briefly take custody of the kids.

The daddy then went again to courtroom and requested for a modification of the parenting plan.  He alleged that the home incident and the mom’s residential instability represented a fabric change of circumstances.

The mom finally obtained an order of safety towards the stepfather.  A listening to was then held on the movement, in addition to the mom’s request to change baby help.

On the listening to, the daddy testified as to the home abuse incident, however admitted that the mom’s response was acceptable.  He additionally testified as to disputes relating to the varsity and preschool the kids had been attending.  There was additionally a disagreement as to dental care.

After listening to the testimony of each mother and father, the decrease courtroom made its ruling.  It discovered that there had not been a fabric change of circumstances.  It additionally discovered that the daddy was voluntarily underemployed and was able to making the next revenue than he was truly receiving.   It discovered that the daddy was able to incomes $800 per week, and set his baby help obligation at $550 monthly.  The daddy then appealed to the Tennessee Court docket of Appeals.

The appeals courtroom turned first to the modification of the parenting plan.  It famous that to alter the parenting plan, there have to be a fabric change of circumstances that impacts the kid’s well-being, and that this should have arisen after the unique decree.

The appeals courtroom reviewed the proof and agreed with the decrease courtroom’s discovering.  The daddy argued that the home abuse incident was vital, however each he and the trial courtroom agreed that the mom had dealt with the incident appropriately, and had instantly contacted him.  The courtroom did evaluation what occurred within the incident, and concluded that the incident didn’t warrant a change or custody.

The daddy fared higher, nonetheless, when it got here to baby help.  The trial courtroom had concluded, primarily based upon the daddy’s schooling, background, and financial system, that he was able to incomes $20 per hour, greater than he earned in his landscaping enterprise.  However the appeals courtroom held that these elements had been inadequate, and the trial courtroom didn’t look in adequate element on the statutory elements.  Because the trial courtroom employed the fallacious authorized requirements, the appeals courtroom remanded the case for a dedication of the correct quantity.

For these causes, the Court docket of Appeals remanded the case to the decrease courtroom.

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

See authentic opinion for precise language.  Authorized citations omitted.

To be taught extra, see Modifying Custody & Parenting Plans.

See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes examples of parenting plans and baby help worksheets from actual circumstances obtainable on Amazon.com.

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