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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.
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