Legal Question in Consumer Law in Wisconsin
Garnishment Wages
is it legal for a wife's wages to be garnished for a debt of the husband?
1 Answer from Attorneys
Garnishment of Wife's Wages for Debts of Husband
Unfortunately, due to the WI marital property act, this is legal under most circumstances. Unless a couple has "opted out" of the marital property act and placed the creditor on notice of this prior to incurring the debt, the wages of either spouse are marital property under our law which are half owned by each spouse. This makes them available to collectors of all marital debts, which includes most, if not all, debts in WI with the possible exception of some debts involving child support from a pre-marital relationship (and even that can still sometimes lead to collection against the other spouse). My advice to you is to promptly consult with an attorney who is highly experienced in bankruptcy law. Bankruptcy courts have well established procedures for dealing with marital property creditors. My public comments on this forum are not intended to create an attorney client relationship between us. Good luck!
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