Skorychenko v. Tompkins

Filing 77

Order construing 75 as garnishment notice under Wis. Stat. 812.35(a). Garnishment forms and procedure provided. Signed by Chief Judge Barbara B. Crabb on 3/3/2010. (Attachments: # 1 Earnings garnishment, # 2 Exemption notice, # 3 Debtor's answer, # 4 Exemption worksheet, # 5 Poverty guidelines) (eds),(ps)

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Garnishment Exemption Worksheet Note: You may use this worksheet to calculate how much of your earnings are subject to garnishment. You are not required to complete this worksheet or send it to the garnishee or the creditor. Instructions: · First, calculate your total earnings by using Schedule 1 (Calculation of Income). · Then calculate the amount of your earnings subject to garnishment by using Schedule 2 · Finally, to determine how much, if any, of your earnings are exempt from garnishment, use Schedule 3 (Calculation of Poverty Guideline Exemption) and the separate Poverty Guidelines for Earnings (form CV-427). (Calculation of Amount Subject to Garnishment). Schedule 1. Calculation of Income List in Column A earnings after Social Security and Income Taxes. For both Columns A and B, calculate amounts on the same basis (weekly, biweekly, semimonthly, monthly) as the debtor's earnings . Column A 1. 2. 3. 4. List in Column B all income other than earnings. Column B 1b. 2b. 3b. 4b. Debtor Spouse (if living in same household as debtor) Other legal dependents TOTAL EARNINGS 1a. 2a. 3a. 4a. Schedule 2. Calculation of Amount Subject to Garnishment 5. 6. 7. Debtor's disposable earnings amount from line 1a 20% of amount on line 5 25% of amount on line 5 5. 6. 7. 8. 9. 10. 8. Court ordered assignments of child support and/or maintenance that you pay. Use same basis as in Schedule 1 (weekly, biweekly, semimonthly, monthly). 9 Subtract amount on line 8 from line 7 to garnishment. If this amount is "0" or less than zero, then you do not have to complete Schedule 3 because all earnings are exempt. 10. Insert the lesser amount of line 6 or line 9. This is the amount subject 11. Disposable earnings from line 4a 11. 12. 13. 14. 15. Schedule 3. Calculation of Poverty Guideline Exemption 12. Other income from line 4b 13. Add line 11 to line 12 14. Child support and/or maintenance from line 8 15. Subtract amount on line 14 from line 13 for household income 16. Amount subject to garnishment from line 10 17. Poverty Guideline Amount for pay period of 16. debtor and size of family (See current Poverty Guideline Chart) 18. Add lines 16 and 17 19. Compare line 15 and line 18. 17. 18. If line 18 is greater than line 15, proceed to line 20. If line 15 is equal to or greater than line 18, then the amount on line 10 is the amount subject to garnishment. 20. Subtract line 17 from line 15. This is the amount subject to garnishment if the garnishment causes the income to fall below the poverty guidelines. If 20. this amount is "0" or less than zero, then all earnings are exempt from garnishment. CV-426, 12/04 Garnishment Exemption Worksheet Wis. Stats. §812.34(3) This form shall not be modified. It may be supplemented with additional material.

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