Satterfield v. Satterfield

Our decision today continues a rule first announced by this court in 1971 in Calvin v. Calvin, 6 Or App 572, 487 P2d 1164, 489 P2d 403. I believe that Calvin was wrongly decided and ought not to be followed.

In Calvin the plaintiff, the ex-wife of defendant and custodian of their eight children, sought garnishment of an amount owing to defendant from Liberty Mutual Insurance Company. The money was part of a Workers’ Compensation award. Defendant successfully resisted garnishment in the trial court by virtue of the provision of ORS 656.234, which provided the Workers’ Compensation benefits were…