Daniel Jerome Canzoneri v. Colleen Luella Burns

This case involves a petition to modify a permanent parenting plan for two minor children. The children’s father filed the petition, alleging that there had been a material change of circumstances since the plan was entered and that, as a result, he should be designated as the children’s primary residential parent. The children’s mother denied that there had been a material change of circumstances and filed a counter-petition to modify the father’s child support obligation. After a hearing on the parties’ petitions, the trial court found that there had not been a material change of circumstances to justify modifying the plan. However, the trial court modified several aspects of the plan. The trial court further found that the father was voluntarily underemployed and that his child support obligation should be modified accordingly. Father appealed. We affirm the trial court in part, reverse in part, vacate in part, and remand.