can I file a chapter 128 without using my husband's income, and do I have to use a lawyer?
Asked in Delavan, WI on December 1, 2025 Last answered on March 10, 2026I received a notice of hearing for "adjourned return date". I received no paperwork or anything for this case, no one informed me of the filing, I have no information about what this case is, or what it all means for me. There isn't even a contact number for the plaintiff. I looked online and there is a chapter 128 in wisconsin that I could file, but does that mean they will take the payments out of my husband's wages? I receive Social Security disability and long term disability payments monthly. It looks like they won't take it out of those wages. Can I file the chapter 128 without including my husband, and can I do it without a lawyer?
2 answers
Free Consultation You can, but in your situation, filing a Chapter 7 would be a better alternative and ultimately less expensive than filing a Chapter 128.
Free Consultation Wisconsin Chapter 128 – Can You File Without Your Spouse's Income, and Do You Need a Lawyer?
The Short Answer: Yes to both questions — but with important caveats.
Filing Without Your Husband's Income
Wisconsin Chapter 128 (Wis. Stat. § 128.21) is a state-level wage earner repayment plan — it is entirely separate from federal bankruptcy. Because it is an individual remedy, you can file based solely on your own income and your own debts.
However, there are important nuances given Wisconsin's marital property law:
- If any of the debts you intend to include are joint marital debts, your husband's income and assets could still be relevant to how creditors respond, even if he is not a party to your filing.
- Chapter 128 only covers your individual obligations. It will not protect your husband from creditors pursuing him on any jointly-held debt.
- Only your wages are assigned to the court-appointed trustee — your husband's wages are not affected or garnished as part of your plan.
So practically speaking, yes — you file alone, list your income alone, and your husband is not a party to the proceeding.
Do You Need a Lawyer?
Chapter 128 does not legally require you to hire an attorney. Wisconsin law permits individuals to file pro se (representing yourself). In fact, Chapter 128 was designed to be a relatively simple, debtor-friendly process — one of its main appeals over federal bankruptcy.
That said, it is strongly advisable to at least consult with an attorney because:
- Determining which debts qualify and how to structure your repayment plan has real legal consequences.
- If you have marital property debts, the interplay with Wisconsin's Marital Property Act (Wis. Stat. Ch. 766) can complicate your filing.
- Mistakes in your petition or plan can result in dismissal or creditor challenges.
Many Wisconsin attorneys offer low-cost consultations for Chapter 128 specifically, as it is far less complex than federal bankruptcy.
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