Demanding maintenance retroactively: from when is that possible?
Maintenance for the past can only be demanded to a limited extent. Decisive is that you asked the other side in time for information or payment. Without this step, claims for past months are often lost.
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What you should do now
- 1
1. Ask immediately
Put the other side in a position to give information or payment, in writing and provably.
- 2
2. Secure the date
Record from when you demanded; that is the cut-off date for retroactive claims.
- 3
3. Determine the amount
Calculate the maintenance from the cut-off date based on the information.
- 4
4. Enforce
Assert the claim from the cut-off date, in court if necessary.
How to spot the scam
- You wait a long time without putting the other party in default.
- There is no proof of the time of the request.
- Retroactive claims lapse for lack of a timely demand.
Frequently asked questions
Can I demand maintenance for the past?
Only to a limited extent. As a rule a claim for the past only exists from the point at which you asked the other side for information or put them in default (§ 1613 BGB). For the time before that there is usually nothing.
How do I secure retroactive claims?
By asking the other side as early as possible in writing and provably for information or payment. From that point the retroactive claim is secured. Keep the proof of receipt.
Are there exceptions?
In certain constellations, for example if the person obliged has prevented the assertion in bad faith, maintenance can be demanded further back too. But such exceptions are narrow and depend on the individual case.
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.