State Codes and Statutes

Statutes > Wisconsin > 812 > 812.30

812.30

SUBCHAPTER II
EARNINGS GARNISHMENT
812.30 Definitions. In this subchapter:

812.30(1)

(1) "Business day" has the meaning given in s. 421.301 (6).

812.30(2)

(2) "Court" includes a circuit court commissioner assigned to preside at a proceeding under this subchapter.

812.30(3)

(3) "Creditor" means a person who has a claim against a debtor.

812.30(4)

(4) "Debtor" means the person whose earnings are subject to the garnishment and who is either the judgment debtor or the judgment debtor's spouse whose earnings are marital property.

812.30(5)

(5) "Dependent" means the debtor's spouse if living in the debtor's household and any other individual whom the debtor is legally required to support and to whom the debtor provides substantial support or maintenance.

812.30(6)

(6) "Disposable earnings" means that part of the earnings of the debtor remaining after deducting social security taxes and federal and state income taxes listed on the person's wage statement.

812.30(7)

(7) "Earnings" means compensation paid or payable by the garnishee for personal services, whether designated as wages, salary, commission, bonus or otherwise, and includes periodic payments under a pension or retirement program.

812.30(8)

(8) "Household income" means the disposable earnings of the debtor and dependents during any month in which the garnishment is in effect, plus unearned income received by the debtor and dependents in that month, less any of the debtor's earnings assigned by court order under ch. 767.

812.30(9)

(9) "Need-based public assistance" means aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps, or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562.

812.30(10)

(10) "Poverty line" means the income guideline established under 42 USC 9902 (2).

812.30 - ANNOT.

History: 1993 a. 80; 1995 a. 27, 201; 2001 a. 61; 2005 a. 22; 2009 a. 113.

812.30 - ANNOT.

NOTE: 1993 Wis. Act 80, which created ss. 812.30 to 812.44, contains extensive judicial council notes.