Bekomme ich eine Sperre wenn ich Kündige wegen Trennung?
Also kurz zur Situation.
Mein Mann und ich leben nur nebeneinander her. Streiten uns ständig wegen Geld und den Kindern. Wir gehen beide in 3 Schichten arbeiten und eigentlich würde ich mich gerne trennen jedoch kann ich dann meine Arbeit nicht mehr ausführen und nur noch Frühschicht geht leider nicht. Er ist auch nicht Gewillt sich hier in der Nähe eine Wohnung zu suchen Sodas der kleine bei ihm schlafen könnte wenn ich Spätschicht habe und so weiter. Er würde wieder zu seiner Mutter ziehen die 25 km entfernt lebt und ich kann leider nicht nachts nach der Schicht noch hinfahren und den kleinen dort abholen. Das wäre ja auch keine Lösung für das Kind. Er ist der Meinung wenn ich mich trenne soll ich zusehen wie ich es mache und wenn ich die arbeit aufgeben muss hab ich eben Pech.Er Verdient mehr Geld wie ich und er weis nicht wovon er eine Wohnung bezahlen soll. Er ist null gewillt mit mir eine vernünftige Lösung zu finden und ich bin einfach nur verzweifelt und weis nicht was ich machen soll…ich hab allerdings angst vor einer sperren wenn ich mich trenne und dann gezwungenermaßen kündigen muss. Hatte jemand schonmal so eine Situation und kann mir vielleicht helfen
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I’d make an appointment with the job center and ask how to evaluate your situation. A letter from the employer that only early shift would be feasible is certainly helpful. However, the employment agency cannot give a final answer…
In the end, it’ll probably be up to the age of the children.
However, it is also the question of how far he would then have to pay a parting fee to you in addition to the child’s maintenance. You wouldn’t give up the job because you don’t want to work, but because the child’s care cannot be guaranteed.
I found this on the quickest:
https://www.anwalt.de/rechtstipps/fallende-caresmoeglichkeit-als-main-fuer-arbeitsaufgabe_163011.html
In the end, it remains a single case decision. In the end, perhaps, there is only one contradiction and a procedure before the social court.
Have you ever been overwhelmed by what it means to child support and whether there is any child support after deduction?
Also, you should consult a lawyer who will take care of the maintenance.
Thank you for your detailed answer
So I can’t expect a lot of child support because he’s still paying a bigger child and of course he has priority. So there is no maintenance of separation… which I don’t even want to ask for just that he’s still looking after our little one 6 years as well as looking for an apartment here in the vicinity. But he is against it and as I have already written, if I want to separate, I should watch as I do. Because he doesn’t want to separate 🤷 ♀️ I didn’t make myself totally dependent, of course, he uses it…I couldn’t pay rent even from a part-time job nor keep my car, and I’m unfortunately totally dependent on the car here
The bigger child has no priority! It gets just a little more according to the Düsseldorf table, as it falls into another age. But otherwise all children are treated equally.
If you separate, then of course he can go wherever he wants. He pays cash and you take care.
This is usually difficult with shift work. In any case, there should be a detailed discussion with the employer. Can’t he come to you, even if it’s just a transitional one? He would lose a good employee. Or would the employer not have any interest in your continued employment? Anyway, I had to quit my job after the first three years because my employer couldn’t offer me a part-time job. So I didn’t get a lock. Only I had it written by the employer.
As regards the financial situation, there are possibilities.
Who even signed the lease agreement of the apartment? If you’ve signed both, you’ll have to quit both. He’s liable for the rent as well as you. So if he moves and you can’t pay the rent, the landlord will turn to him.
You could also try to write applications where there is no shift service. And best of all, where you may not need a car. Near his mother maybe ;-)?
Since you’re officially not separated, you could use the time… You could quit, see what happens with a possible lock and you won’t get one, then you’ll split. Means last: 2 – 5 months to stay with him.
OK, if it’s your apartment, it’s understandable that you want to stay there. Purely legal (what you don’t have to tell him) you shouldn’t throw out of the apartment during the separation year. In any case, not without judicial provision for single use. So it would be good if he volunteered.
Although not such a fine way, but to think: if it comes to excerpt, then you could try to write yourself ill due to psyche. Then the care problem is first off the table. It’s not fair to the employer, but if the boss is blocking… And the psychological burden, as well as the lack of reduction of working time, would be helpful to the employment office. As long as you were ill, you would have time to apply for yourself. So push a dismissal!
Or try this:
https://praxistipps.focus.de/kuendungs-auf-aerztlichen-rat-das-muessen-sie-wissen_142429
It would then be first to calculate what you have in money with job plus child benefit plus maintenance and in money with unemployment benefit instead of income. And what other possibilities there is.
Would an afternoon care be guaranteed so you can work full time? Mother of the day, kindergarten, hort etc.
The apartment belongs to me he is here only with moved I have been paying for years everything myself despite that I only work for minimum wage everything he pays is that which, of course, does not devour as much as the running costs. This is also the main point of the dispute when I need money from him because after deduction of all costs there is hardly anything left with me. In the apartment here I would stay because the children also go to school and to the Kiga. So move is not an option and no matter where I would go, the rent would be higher than here.
Unfortunately, only early shift is not possible my boss said because that would be unfair to colleagues and she can’t do that… what is actually bullshit but well
You have to explain to the employment office that you can’t work in shifts because of childcare. This is a case-by-case decision, but a legitimate reason for termination. Is there a lock, object. ( once worked at the employment office earlier).
However, you need to make sure that you can work the same number of hours and prove childcare (school, kindergarten) at normal times. Otherwise, the performance is shortened. If you have worked for 40 hours and can only work for 20 hours now, you will only get half Alg1.
Also tell him if you get less money that he will have to pay more maintenance.
Take a lawyer to help you. However, immediately after separation, ask him to pay maintenance for the children. The Youth Office helps to calculate.
If he refuses, you can apply for a subsistence grant to YES, then they will take care of everything else and you have money. Is the child’s money on him? Immediately after separation from the family insurance.
Don’t worry, you can do this.
Unfortunately, this is not possible to continue working full time without layers. My possibilities are very limited because unfortunately I could not finish my teaching and thus I am unlearned, and unfortunately we are very rural and there are not many possibilities here I have been looking for all the last few years only unfortunately I find nothing.It was not easy to find an employer who shares me for the layers of my husband that we are not both working at the same time. There is no interest in an employer
Are you married? If so, it doesn’t matter what he wants. If you are obligated to look for another job that brings you less income, he can also be obliged to pay you maintenance. You have to see as much as you can. You can’t affect the place of residence of him, but you could look for a job where the working hours better fit with the child.
No, we’re not married. I’ve been looking for a job that fits with kindergarten and school hours for years and unfortunately these are only parttime… so I should also have to apply for support and he can live as much as before.
Then pick up the job center and explain the situation to them. I’ve been working in four different supermarkets so far, and it’s possible for everyone to have children just to get the early shift. One had always worked from 8 to 2:00. Maybe that’s a way for you. Of course, it only needs to be given when setting. But supermarkets are always looking.
Try a pair of advice. A separation is in any case the worst of all solutions.
I tried that and he doesn’t want it either. With us, unfortunately, over the years too much has happened to save it… we were already at the point of domestic violence. I still thank you for your quick answer
Try it anyway. Obviously you don’t feel understood to each other.
No, a separation is the best way to stop. The last quarrel also destroys the children. Couple therapy is only possible if the other is also ready.