- 53 - to substantiate the amount of her “reasonable basic living expenses” within the meaning of section 301.6343-1(b)(4), Proced. & Admin. Regs. Moreover, although the December 27, 2004 order issued by the Montgomery County Court of Common Pleas required petitioner to pay the first and second mortgage loans and real estate taxes for the marital residence, that order directed Mr. Krasner to pay $9,180.20 a month to petitioner, $1,056.60 of which was with respect to such mortgage loans and taxes.28 In addition, around the beginning of 2005, shortly after the Mont- gomery County Court of Common Pleas issued the December 27, 2004 order, petitioner’s earning capacity increased from the $1,500 a month reflected in that order to approximately $200 a day. On the record before us, we find that there is no credible evidence establishing, and petitioner has failed to show, that if she were to pay the unpaid 1998 liability, she would not be able to pay a reasonable amount for basic living expenses within the meaning of section 301.6343-1(b)(4), Proced. & Admin. Regs. On the record before us, we find that petitioner has failed to carry her burden of establishing that the economic hardship element is present here. 28The December 27, 2004 order issued by the Montgomery County Court of Common Pleas also made Mr. Krasner responsible for, inter alia, the cost of health insurance for petitioner and the unemancipated children and the children’s private school tuition, summer camp, and day care expenses. That order did not address who was to bear responsibility for utility expenses with respect to the marital residence.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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