§ 3169. Hearing on motion; findings; order

(a) At the hearing on the motion the court shall determine on the basis of the motion and any affidavit of the judgment creditor, the record in the civil action and any testimony offered by either party, and by the trustee whether the judgment debtor has neglected or refused to pay or make reasonable arrangements to pay the money judgment in question. If the court so finds, it shall also determine:

(1) the amount of the judgment unpaid;

(2) the amount of the judgment debtor's weekly disposable earnings;

(3) whether the judgment debtor has been a recipient of assistance from the Vermont Department for Children and Families or the Department of Vermont Health Access within the two months preceding the date of the hearing; and

(4) the weekly expenses reasonably incurred for maintenance of the debtor and dependents, and it shall enter an order approving the issuance of trustee process against earnings in accordance with, and subject to the provisions of section 3170 of this title.

(b) For the purposes of sections 3167-3172 of this title:

(1) The term "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.

(2) The term "earnings" also means proceeds from the sale of milk with respect to an individual engaged in the occupation of dairy farming.

(3) The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld. (Added 1979, No. 67, § 2, eff. date, see note set out below; amended 1981, No. 58; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 17; 2009, No. 156 (Adj. Sess.), § I.16.)