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812.30.Definitions.

Ch. 812: Garnishment · Last amended 2017 · Last verified July 15, 2026

In one sentenceSection 812.30 defines the vocabulary used throughout Wisconsin’s earnings garnishment subchapter, covering terms like debtor, dependent, disposable earnings, household income, and poverty line that determine how much of a paycheck can be reached.

Full Text of Section 812.30

Text sizeJump to: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

In this subchapter:
(1) “Business day” has the meaning given in s. 421.301 (6).
(2) “Court” includes a circuit court commissioner assigned to preside at a proceeding under this subchapter.
(3) “Creditor” means a person who has a claim against a debtor.
(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.
(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.
(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.
(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.
(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.
(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 1501 to 1562.
(10) “Poverty line” means the income guideline established under 42 USC 9902 (2).

Official Notes

NOTE: 1993 Wis. Act 80 contains Judicial Council notes.

Plain-English Summary

Section 812.30 is the glossary for the earnings garnishment subchapter, and its definitions do real work in setting how much of a debtor’s paycheck creditors can reach. “Creditor” means a person with a claim against a debtor, while “debtor” is defined more specifically as the person whose earnings are subject to garnishment, whether that is the judgment debtor or the judgment debtor’s spouse when the earnings count as marital property. “Dependent” reaches beyond a spouse living in the household to include anyone else the debtor is legally required to support and does, in fact, substantially support.

Several definitions build the financial calculation the rest of the subchapter relies on. “Disposable earnings” means what is left of a person’s earnings after subtracting social security taxes and federal and state income taxes shown on the wage statement. “Earnings” itself is defined broadly, covering wages, salary, commission, bonus, or any other compensation for personal services, and periodic pension or retirement payments. “Household income” then combines the debtor’s and dependents’ disposable earnings during a garnishment month with any unearned income they receive that month, minus earnings the debtor has already had assigned away by a court order for family support.

The remaining definitions connect the subchapter to the public benefits system and to federal poverty guidelines. “Need-based public assistance” lists specific programs, including family assistance, relief funded through relief block grants, county relief, medical assistance, supplemental security income, food stamps, and certain veterans benefits. “Poverty line” points to the federal income guideline set under a specific federal statute, which later sections use to decide how much, if any, of a debtor’s earnings are exempt from garnishment.

Frequently Asked Questions

Who counts as the “debtor” for purposes of earnings garnishment?

Section 812.30(4) defines the debtor as the person whose earnings are subject to the garnishment, whether that person is the judgment debtor or the judgment debtor’s spouse whose earnings are marital property.

What does “disposable earnings” mean under this subchapter?

It means the part of a person’s earnings left after deducting social security taxes and the federal and state income taxes listed on the wage statement.

Does “earnings” include things like bonuses and commissions, or just a regular salary?

Section 812.30(7) defines earnings broadly to include wages, salary, commission, bonus, or any other compensation for personal services, along with periodic pension or retirement payments.

Who counts as a “dependent” for these purposes?

The debtor’s spouse if living in the debtor’s household, and any other individual the debtor is legally required to support and provides substantial support or maintenance to.

What does “household income” include, and what gets subtracted from it?

It includes the disposable earnings of the debtor and dependents during a garnishment month plus unearned income received that month, less any earnings the debtor has already had assigned away by a court order under the chapter governing family obligations.

Amendment History

History: 1993 a. 80; 1995 a. 27, 201; 2001 a. 61; 2005 a. 22; 2009 a. 113; 2017 a. 366.

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source
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