HomeMy WebLinkAbout96-4561 civilROXANNE BALKOVIC, · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
vs. : 96-4561 CIVIL
:
KENNETH J. BALKOVIC, : IN DIVORCE
Defendant : CIVIL ACTION- LAW
IN RE' ALIMONY PENDENTE LITE.,,
MEMORANDUM AND ORDER
On December 15, 1999, we held a hearing de novo following the entry of a recommended
order raising alimony pendente lite in this case from $10,300 per month to $15,000 per month.
An order had been entered on February 23, 1999, determining the earning capacity of Mr.
Balkovic to be approximately $34,000 per month and the earning capacity of Mrs. Balkovic at
approximately $1,304 per month. In accordance with these income figures, alimony pendente
lite was set at $10,300. On November 3, 1999, an order was entered following a determination
that Mr. Balkovic's earning capacity was approximately $45,000 per month and Mrs. Balkovic's
was slightly more than $1,500 per month. In consideration of these income figures, alimony was
set in the amount of $15,000.
Mr. Balkovic is the president of Bal Com Inc., a subchapter S corporation. The business
of the corporation is TV Cable maintenance and installation. He receives a salary from the
corporation of $8,000 per week. He has, in the past, been forced to decline salary payments
particularly at the end of the year when the cash flow of the business will not permit salary
payments at this rate. During the last quarter of 1998, for example, all of the salary payments
were returned. This resulted in a salary of $312,000. In addition to this salary, however, the
defendant received distributions in the amount of $550,890 for a total income of $862,890. This
sum was the subject of a tax reserve in the amoum of $250,000. Our review of Mr. Balkovic's
96-4561 CIVIL
1998 tax retu~'n reveals that this sum is not sufficient to cover all of the income tax which is
owed.
The determination of Mr. Balkovic's income is not an exact science. We heard very little
testimony concerning his income in years other than 1998. We have been given no indication as
to what his future income might-be. In addition to the matter of the income of the parties, it is
important to note that the husband has custody of a teenage son. He is also the support of a
daughter who is attending Elizabethtown College. Assuming that Mr. Balkovic's income is
between $42,000 and $44,000 per month, and given that there are children involved, an
application of the appropriate guideline percentage suggests that the proper alimony pendente lite
figure in this case is $12,500 per month. We will make this order retroactive to the date of the
most recently filed petition for modification, namely September 1, 1999.
ORDER
AND NOW, this t / ~'' day of January, 2000, it is ordered and directed that the
defendant pay to the plaintiff the sum of $12,500 per month as alimony pendente lite effective
September 1, 1999. The other terms and conditions of the existing alimony pendente lite order,
not inconsistent herewith, shall remain in full force and effect.
The pending motion of the plaintiff for sanctions is DENIED.
BY THE COURT,
ess, J.
2 ~
96-4561 CIVIL
Howard D. Krug, Esquire
For the Plaintiff
Samuel L. Andes, Esquire
For the Defendant
E. Robert Elicker, Esquire
Divorce Master
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