Special needs
A special need is an irregular, exceptionally high need in maintenance law according to § 1613 Paragraph 2 BGB, which can be asserted in addition to the regular maintenance claim. The special requirement is an exception to the principle that no maintenance can be claimed for the past, but the special requirement must be asserted within one year of its occurrence.
Which needs represent such an irregular, exceptionally high need is often controversial and regularly a point of contention in maintenance suits. The Federal Court of Justice has ruled that a special need is a surprising need that cannot be estimated in terms of amount and that could not be saved from the current maintenance pension because it could not be foreseen with any probability. Such a special requirement is such. B. the right to advance litigation costs . In principle, all those liable for maintenance must meet the special needs, including the parent of a minor child who has already fulfilled his or her current maintenance obligation through upbringing and care.