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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116780
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am married. My husband has been living in Mass, for about

Customer Question

I am married. My husband has been living in Mass, for about 15 years. He came here from, Brazil. He is an illegal immigrant. We will be married 3 years in January. I am disabled, on SSI and SSDI.I only receive about 840.00 monthly. We rent an Apt. The rent is, 875.00 a month. I pay 800.00, my husband pays the rest of the rent. 75.00 a month. He is also responsible for paying, The electric, gas, cable, car ins. My cell phone. We also have two TV's, we rent from rent a center. The payment for both TV's together, are 54.69, paid weekly. My husband also pays those payment. Be he is illegal, my name is ***** ***** bill, and on the Apt. Lease. At the beginning of this month, my husband went to work, to the car that is registered to me. I have the title. He has no license. When he lef, he did not come home that night. I called his cell phone, all day, every day, for a week and a half. He finally answered after a week and a half. He told me he was working out of town. The car broke down, so he's staying out of town, to finish the job. He left me here, knowing I can't afford to pay everything. I call him all the time. It is now 8-23-16. He has only given me, 200.00, this month. A friend of his dropped it off, in my yard. There's a Jeep outside, that was given to my husband. But, it doesn't work. His friend put the 200.00 in the Jeep. Since then, he has been promising to give me more money, so I can pay the bills and rent. No money. I chose to pay all the bills this month. Which left me 300.00, towards Augusta rent. I deposited my 300.00, plus the 200.00 he gave me, totalling 500.00, towards August rent. I put it in the landlords account. I have been paying my rent this way for, four years. I have no money left. We still owe 375.00 on Augusta rent. Plus another TV payment of, 54.69. On thursday the car, that he has, but is in my name, will start a new insurance policy, for the year. My husband is also responsible for that payment. Their asking for the first down payment, which was quoted about, 110.00. I can't pay it. So the car will not be insured after this thursday. Which means I'll have to return the plates. But my husband has the car, and I don't know where he is. This month is almost up. Then September's rent, and bills will be due. And I will not have enough money. I will be a risk, of being evicted. I've never missed a payment in 4 years, until this month. He won't answer my calls. He's still only given me the 200.00, this whole month. I want to know my rights. And even though we are married, he abandoned me, and abandoned mine and his bills. Can I sue him, in smalls claims court, for the money he is responsible for , but has not done so. He has been paying the things I've listed, since February, 2014. We are still married, but he will not answer my phone calls, I do not know where he is. I need him to help, and pay what he is responsible for. I want to sue in. Is it, Civil, or Criminal Court? Do I have a right to sue, even though we are married, but he abandoned me. Or what can I do, to force him to pay his obligations, so that I don't loose my home. At the beginning of September, I am going to put in add in the paper, looking for a roommate. It cost a little over one hundred dollars, to put in ad in the paper for one week. But, until I get a roommate, I still cannot pay everything. I am disabled, I've been evicted numerous times, so even if I was to look for a new apartment that I could afford, with anyone else helping, it will be difficult, or near impossible to find and get another apartment. Due to the fact, of my past evictions, and most labdlords, do credit checks, and if they do, they will not let me rent from them. Where I am living now, they did not do a credit check. Therefore they let me move in. I've now been living here, for, four years, this August. If I get evicted, I will be homeless. I have no one to help me. Please could you answer me, reguarding sueing my husband, what my rights are. Or how I go about getting him to pay me what I have paid, that was his responsibility. And I will need him to keep paying until, I do find a roommate. Once I get a roomate, then I will not need him to pay, and then I can start to try and get a divorce. Please help. My name is***** be 52 tomorrow. My phone number is,(###) ###-#### My E-Mail is,***@******.***. please help. Thankyou
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would have to sue him for divorce and as part of the divorce, but under the new MA law, you have a short term marriage and as such you would not be eligible for spousal support. Your only suit would be filing for divorce I am afraid and that is not likely going to fix your problems regarding your home as the court will not force him to make payments on the home other than for the short time the divorce will take to grant. The court will order temporary support payments to you to continue to maintain the bills until your divorce is granted, but after that time you would need to sell the house or you would need to bring in a roommate to help pay your house bills.
You should have an attorney and because you are disabled, you can generally get a legal aid attorney through the legal aid office to assist you in filing the divorce complaint for abandonment against him.