Garnishment - Wisconsin

Summary of differences between federal and state regulations

The state of Wisconsin has several codes which address garnishment of wages.

Wisconsin statutes §812.35 - .40 govern the amount which may be garnished.

Discharge due to garnishment

The state of Wisconsin prohibits discharge for garnishment even for multiple debts. It is, therefore, more strict than the federal law.

State

Contact

Questions regarding a wage garnishment order should be directed to the court which issued the order.

Regulations

Wis. Stat. Ann. §812.34(2)(a) Disposable earnings relief.

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.

Wis. Stat. Ann. §812.34(2)(b) Earnings totally exempt.

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

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

(b)(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.

Wis. Stat. Ann. §812.34(2)(c) Garnishment limited.

(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.

Wis. Stat. Ann. §425.110 No discharge from employment for garnishment.

No employer shall discharge an employee because of being subjected to or attempted garnishment.

Wis. Stat. Ann. Chapter 767, Actions affecting the family

https://roar-assets-auto.rbl.ms/documents/14707/767.pdf

Federal

Contact

US Department of Labor

www.dol.gov/general/topic/wages/garnishments

Regulations

Federal law limits the amount of wages that can be garnished, in most cases, to 25 percent of weekly earnings after taxes. If more that one garnishment order exists against an individual, the total amount cannot exceed the maximum set by law. Some government obligations, such as back taxes and child support, always have precedence.

29 CFR Part 870 (15 USC §1671)