812.34 Exemption. - Wisconsin Statutes

812.34

812.34 Exemption.

812.34(1)

(1) The exemptions provided in this section do not apply if the judgment debt meets one of the following conditions:

812.34(1)(a)

(a) Was ordered by a court under s. 128.21 or by any court of the United States under 11 USC 1301 to 1330.

812.34(1)(b)

(b) Is for the support of any person.

812.34(1)(c)

(c) Is for unpaid taxes.

812.34(2)

(2)

812.34(2)(a)

(a) Unless the court grants relief under s. 812.38 (2) or par. (b) or (c) applies, 80% of the debtor's disposable earnings are exempt from garnishment under this subchapter.

812.34(2)(b)

(b) The debtor's earnings are totally exempt from garnishment under this subchapter if:

812.34(2)(b)1.

1. The debtor's household income is below the poverty line.

812.34(2)(b)2.

2. The debtor receives need-based public assistance, has received such assistance within 6 months prior to service of the earnings garnishment forms upon the garnishee or has been determined eligible to receive need-based assistance although actual receipt of benefits has not commenced.

812.34(2)(c)

(c) If the garnishment of 20% of the debtor's disposable income under this subchapter would result in the debtor's household income being below the poverty line, the amount of the garnishment is limited to the debtor's household income in excess of the poverty line before the garnishment is in effect.

812.34(3)

(3) The judicial conference shall adopt and make available schedules and worksheets to assist debtors in computing their eligibility for exemption under sub. (2) (b) 1. The schedules shall divide the annual poverty line for families of various sizes by 12, rounding to the nearest dollar, and the worksheets shall assist debtors to compute their household incomes. The judicial conference shall develop separate schedules for debtors paid on a weekly, biweekly, semimonthly and monthly basis by dividing the annual poverty line by 52, 26, 24 and 12, respectively, and rounding to the nearest dollar. The judicial conference shall revise those schedules annually to reflect changes in the poverty line. The revised schedules shall take effect July 1 for earnings garnishments or extensions commencing thereafter.

812.34 - ANNOT.

History: 1993 a. 80; 1999 a. 119; 2003 a. 138.

812.34 - ANNOT.

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