Art. 298. The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date it is extrajudicial demanded.
Payment shall be made monthly in advance, and when the recipient dies, his heirs shall not be obliged to return what he has received in advance.
Discussion:
The law says that support should be paid, under the premises given, from the date of extrajudicial demand. Where the Court held that the support must be paid, not necessarily from the time the child was born, but from the date extrajudicial demand.
An action for support may still prosper despite an error in selecting a more favorable venue.
Judgment for support does not prescribe, but installments do prescribe if uncollected; remedy is motion for execution.
If the case involves past, present, and future, support, it should be noted that Future Support is also asked for. This is something on which there can be No Compromise. It is still in the interest of substantial justice, the plaintiffs should be allowed to amend. This is not lack of jurisdiction; this merely seeks to complete the statement of a cause of action.
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