dissenting.
All parents owe a duty of support to their children. Therefore, it seems to me that the statute of limitations should not be *599triggered until that duty of support terminates. E.g., Paterson v. Paterson, 73 Wis.2d 150, 242 N.W.2d 907 (1976). Cf. Wood v. Hunter, 504 So.2d 553 (Fla.App. 4 Dist.1987) [statute of limitations does not apply to child support enforcement proceedings, only laches do but rarely do lach-es defeat claim for child support].
There is a strong public policy that requires our courts to assure the proper support of minor children. E.g., Mathisen v. Mathisen, 276 N.W.2d 123 (N.D.1979). Child support has a direct impact on the interests of children and it is children “who have the most at stake” over the issue of child support but “who have the least ability to protect their interests.” Tiokasin v. Haas, 370 N.W.2d 559, 562 (N.D.1985).
While it may be reasonable to expect the custodial parent of the children to be ever-vigilant of those children’s rights to child support, if that parent is not vigilant, if that parent is derelict, why should the children suffer? Why should the non-paying obligor benefit? Why should we apply a statute of limitations to achieve those unintended, unenlightened results when we do not allow parents to stipulate to the termination of future child support? See Tioka-sin v. Haas, supra. Nor do we condone the modification or termination of accrued child support payments. Kinsella v. Kinsella, 181 N.W.2d 764 (N.D.1970).
A divorce involves not merely the divorcing parents but also their children. Children are interested parties whether they are named or not. Sprynczynatyk v. Celley, 486 N.W.2d 230 (N.D.1992). We undermine our statements in cases like Tioka-sin, if we hold that only when children are named parties are courts “required” to assure their proper support. Obviously, that cannot be the law. The law ought to be that only when children reach the age of their majority or otherwise become ineligible to receive child support, thereby relieving courts of the judicial obligation to look out for children, should the statute of limitations begin to run. That’s what Wisconsin holds, and I wish North Dakota would, too. See Paterson v. Paterson, supra.
Once the child support obligation terminates, the statute of limitations begins to run, not before. Paterson v. Paterson, supra. In September 1981, Arthur’s child support obligations terminated and the statute of limitations began to run. Vicki brought her motion for accrued child support on March 13, 1991. Section 28-01-15, NDCC, says that an action upon a judgment must be commenced within ten years after the claim for relief has accrued, which, in this case, would be September 1981. Here, Vicki’s motion was within that ten-year period. Accordingly, her claim is not barred by the statute.
I would affirm.
MESCHKE, J., concurs.