(1) For the past, the person entitled may claim performance or damages for non-performance only from the date on which the person obliged, for the purpose of asserting the maintenance claim, was requested to provide information on their income and their assets, on which the person obliged was in default or on which the maintenance claim became pending at court. The maintenance is owed from the first of the month in which the events referred to fall if the maintenance claim existed in principle on this date.
(2) The person entitled may demand performance for the past without the restriction of subsection (1)
1. by reason of an irregular exceptionally high need (special need); after the end of a one-year period since it arose, this claim may be asserted only if the person obliged is first in default or the claim has become pending at court;
2. for the period in which he
a) for legal reasons or
b) for factual reasons which fall into the area of responsibility of the person liable for maintenance,
was prevented from asserting the maintenance claim.
(3) In the cases governed by subsection (2) no. 2, performance may not be demanded, may be demanded only in instalments or may be demanded only at a later date to the extent that full or immediate performance would be an inequitable hardship for the person obliged. This also applies to the extent that a third person demands compensation from the person obliged because they have paid maintenance in place of the person obliged.