One of the great problems with which are the Lawyers when interposing a demand, is to choose the legal figure which there are to doubtless apply to certain case, deciding between exoneration and extinction of the nourishing obligation turns out to them to be something tedious, concepts which frequently they tend to seem to them similar, being totally different, because often they demand a person to have acquired the majority of age or because the state of necessity in her has stopped, but erroneously impetran the extinction of the nourishing obligation, when the correct thing is the exoneration of the nourishing obligation. Before entering this exciting subject, I create advisable to make some appreciations of procedural order, that I consider important and that they will serve as plinth for the present analysis. What characterizes to a process is its aim; the decision of a conflict by means of an agreed failure to the petitionary one of the demand that interposes the litigants, which allows the satisfaction of a public and general interest or to eliminate uncertainty with legal relevance; we do not have to understand to the process like a simple trusteeship of the subjective rights of a natural or legal person, because what it is persecuted it is the respect to the human dignity, the reestablishment of the harmony and social La Paz in justice by means of the intervention of the Jurisdictional Organ 1. With respect to Foods, the clearest definition we found in the text of Louis Josserand 2 in its book of Civil Right, Volume I. volume II, where it defines to foods as to have tax legally to a person to assure the subsistence another person (Legal Institute of Level foods Bejamn Aguilar, Page 18). The foods enjoy the following characteristics: intransferable, cannot be waived, imprescriptible, unindemnifiable, intransigible, unattachable, reciprocal and revisable, whereas the nourishing obligation participates in some of the mentioned characteristics, such as personal, intransferable, imprescriptible, unindemnifiable, intransigible, reciprocal personnel, revisable, and in addition divisible.