Scott A. Santos's Answers

Responsibility for Debt?

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.

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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?

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...

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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.

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....

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

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...

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

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...

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

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...

Do children pay taxes on money inherited from parents?

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....

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

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...

Property left to me in a will

Attorney Cheong is correct. You should consult an attorney in your divorce. If you inherited it during the marriage, it is more likely that some portion may be included in the assets to be divided than if you inherited after you both separated. To assist your attorney, you should compile a list focusing on the following: 1) when you received the property in relation to the marriage; 2) the use of the property by yourself and/or your Husband during the marriage; 3) the financial...

Me and my husband are splitting up and he won't give me my cat. How do I go about getting my cat?

Generally, the Court has zero patience for such a dispute. It definitely is not a "custody" issue. The pet is an item of personal property.