(1) By reason of special need (section 1613 (2)), the person entitled may demand maintenance for the past.
(2) In all other cases, the person entitled may claim performance or damages for non-performance for the past only pursuant to section 1613 subsection (1).
(3) For a period lying more than one year before pendency, performance or damages for non-performance may be claimed only if it is to be assumed that the person obliged intentionally avoided performance.