Calvin v. Calvin

Plaintiff appeals from an order sustaining garni*574shee’s demurrer to plaintiff’s allegations and interrogatories filed pursuant to ORS 29.310 in a garnishment proceeding.

In 1965 plaintiff, in a divorce decree from defendant, was granted custody of eight children and, inter alia, awarded child support and alimony. Defendant soon became grossly delinquent in his support and alimony payments. Defendant was injured in an on-the-job accident in 1968 which was covered by the Workmen’s Compensation Law. He was awarded substantial benefits under the Law which the garnishee-insurance carrier for the…