Can a husband walk out ona disabledwife and leave her with no means of support?

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Can a husband walk out ona disabledwife and leave her with no means of support?

My husband walked out and I’m in the middle of filing for disability. He left me with no money. What do Ihave to do legally to get him back or give me money? I can’t afford my meds and I can’t drive.

Asked on November 28, 2010 under Family Law, New Mexico

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can contact Legal Aid for help regarding a divorce and spousal support (as previously explained in the other attorney's post you have certain rights).  In the meantime, call your state's Department of Social Services for immediate assistance.  They have programs for situations such as this and should be able to help you sort things out. Assuming that you are eligible, they can get you on SSI, SNAP (food stamps), and Medicaid. In the meantime, if you have an emergency health crisis, dial 911.

Note: If you don't qualify for Legal Aid see if they can recommend someone to help you.  Also, check to see if there is a law school nearby to where you live; they typically run free/low cost clinics that handle these type cases.  You can contact the local Bar Association in your county; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances.  Additionally, google women's support groups in your area; they can usually provide a list of attorneys who can help.  Finally, when you contact your state's Department of Social Services, they may be able to refer you to free legal services.   

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You cannot "get him back"--if someone does not want to live with another, the law will not compel him or her to do so.

You can--and should--receive the support (e.g. alimony) and share of property accumulated during marriage to which you are entitled. To get it, though, you will need to file for divorce; during the divorce proceedings, either the two of you can work out a mutually agreeable settlement or, if not, the court will divide assets and make him pay support.

You may also be entitled, if you're not receiving it already, to certain kinds of governmental support, such as SSI. You should consult with an attorney about enforcing all your rights, against your spouse and the government, immediately.


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