Wisconsin Statutes 812.30 – Definitions
Current as of: 2023 | Check for updates
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In this subchapter:
Terms Used In Wisconsin Statutes 812.30
- Dependent: A person dependent for support upon another.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Month: means a calendar month unless otherwise expressed. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(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 U.S. Code § 1501 to 1562.
(10) “Poverty line” means the income guideline established under 42 U.S. Code § 9902 (2).