Scott A. Santos’s Answers

Scott A. Santos

North Andover Estate Planning Attorney.

Contributor Level 7
  1. In our divorce decree my ex wife had to pay some bills that were in my name.

    Answered 11 months ago.

    1. Catherine Taylor
    2. Henry Lebensbaum
    3. George N Asack Jr
    4. Tracy D. Galloway
    5. Anthony Rao
    6. ···
    8 lawyer answers

    You need to consult with an exprienced family law attorney and bring forth a Complanit for Contempt. Prior to meeting with an attorney, try to organize your records and information to show your attorney exactly which debts were supposed to be paid, and exactly how much the failure to pay these debts has cost you since the date they should have been paid. This will save your attorney time and save you money. As noted by some of the attorneys above, be mindful that you are still liable for...

    2 lawyers agreed with this answer

  2. My wife and I are divorcing and have a 9 year old daughter. Can she move to another state without my consent?

    Answered about 5 years ago.

    1. Scott A. Santos
    1 lawyer answer

    You have to figure out which Court has jurisdiction. If you were divorced in CT, it's probably the CT court. I will tell you that generally, it is far easier to prevent someone from moving far away with a child than it is to force them to return once they've already moved. You should file a contempt action in the CT court (or court of proper jurisdiction) if your Wife filed a specific order in the Agreement, such as remain within 25 miles. If she is found in contempt, you'd have to bring...

    1 lawyer agreed with this answer

  3. Responsibility for Debt?

    Answered about 5 years ago.

    1. Henry Lebensbaum
    2. Scott A. Santos
    2 lawyer answers

    Generally, your Wife's individual debts should not be a problem or even an issue unless she actually shows up to defend/litigate the divorce (if you file). You should consult an attorney before filing for divorce.

    1 person marked this answer as helpful

  4. My wife and I are in the process of separating. Am I entitled to 1/2 of her 401K? Can I stop her from withdrawing it early?

    Answered over 5 years ago.

    1. Scott A. Santos
    1 lawyer answer

    To answer your question of whether you are entitled to her 401(k). She is WRONG in assuming that because the 401(k) is 'through her work' that you are not entitled. The court divides assets based on a number of factors, including length of marriage, the contributions of each party, and the finances of the parties. If she earned the 401(k) during her marriage to you, some portion of her 401(k) is likely 'on the table' when it comes down to dividing assets. This means some portion would be...

    1 person marked this answer as helpful

  5. In mass how old can a child be to testify in family court that he doesn't want to see his father. Parents share custody.

    Answered about 4 years ago.

    1. Eric Schutzbank
    2. Michael L Rich
    3. Scott A. Santos
    3 lawyer answers

    The Courts discourage children testifying in custody matters. I have even heard a Judge state directly from the bench that he viewed asking children to testify in custody matters as a form of child abuse (this was involving a child of 13 or 14). A guardian ad litem appointment is the proper route to examine the children's desires or whether a child is being influenced. Keep in mind that for young children, even 10, a Court is not going to simply rubber-stamp what the child wants anyway....

  6. I have sole legal/physical custody. Does my ex have to tell me where he lives?

    Answered about 4 years ago.

    1. Scott A. Santos
    2. Henry Lebensbaum
    3. James J. Sexton
    3 lawyer answers

    You should consult a qualified family law attorney. Because your children are with your ex overnight, it should not be a problem getting the Court to force him to disclose his address to you. If he refuses telling the Court, he could risk losing the one night he has left. As for the red flags being raised, try to keep records of his threats, if any, such as emails. Unless he presses Court action about your "friend" there is not much you can do about his rambling paranoia, however. He would...

  7. What do I need to do to take my son for the week?

    Answered about 4 years ago.

    1. Scott A. Santos
    2. Henry Lebensbaum
    2 lawyer answers

    Since the order doesn't allow for one week vacation visitations, you should explore the following options with a qualified divorce law attorney: 1) In writing, politely request that your Wife agree to the week's vacation. If she does, you can file a Stipulation with the Court which will allow you to take the week with your son and after that week the visitation will continue like it always did. Even if she just says that you can take him, you should consider getting a Stipulation if you...

  8. Is it a good idea for the noncustodial parent to bring themselves in for child support modification?

    Answered about 4 years ago.

    1. Scott A. Santos
    2. Henry Lebensbaum
    2 lawyer answers

    Generally an attorney is not going to advise you to volunteer to pay money that you are not yet ordered to be paying. If you want to avoid your Husband's ex making him "look bad," you can simply wait for her to mention increased child support and come to an agreement before a modification is actually filed. Another option would be simply telling his ex about the new job and saying that he wants to modify the child support accordingly to see if they can work out a deal for the new amount...

  9. Do children pay taxes on money inherited from parents?

    Answered about 4 years ago.

    1. Brian E Barreira
    2. Scott A. Santos
    3. Charles Edward Mcwilliams Jr.
    4. Ayuban Antonio Tomas
    4 lawyer answers

    Generally, no. However, there may be a state estate tax due in MA on estates valued over $1,000,000. There is no Federal Estate tax for those dying in 2010. Under current law, starting in 2011, there will be Federal Estate tax for estates valued over $1,000,000. (If your parent died in 2009, there would be no Federal Estate tax due unless their estate was worth more than $3,500,000). Estate tax can be minimized and sometimes avoided by consulting a qualified estate planning attorney....

  10. I want a divorce but my husband won't leave the home. He doesn't financially contribute. How can I get him to leave?

    Answered about 4 years ago.

    1. Henry Lebensbaum
    2. Gabriel Cheong
    3. Christine G. DeBernardis
    4. Scott A. Santos
    4 lawyer answers

    If you file a Complaint for Divorce, you can then file a Motion for Temporary Orders asking the Court to force your Husband to vacate (leave) the home. You will need to show reasons, such as he creates a hostile environment in the home for yourself and/or the children if applicable. This is not necessarily limited to physical hostility. You will also have to show that he has the ability to arrange some kind of alternate housing for himself. You should be able to identify a different place...