My ex-husband is claiming that he does not have to pay child support because he does not work and has not work since 1998. Our two daughters however, up until 2 years ago lived with him and his new wife who is the sole provider of that family. So my question is even though he cannot pay since he and his wife share her income and that acts as household income, wouldn't she have to pay his child support since he physically cannot and they share one income?

This depends on the state. Some states will say he still has to pay some way. But in most states that I know of mine especially she will not be held legally responsible for his child. That is why we really need to know the state this is in. In my state it is not her responsibility to support a child that is not hers. Now, she may choose to pay his support payments to keep him out of trouble but she would't be bound by law to do so (in Indiana). Why is he not working? Is it just because he doesn't need to because she makes enough or is there something wrong with him? Is he getting SSD or SSI?

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Originally Posted by DeiaraR

So my question is even though he cannot pay since he and his wife share her income and that acts as household income, wouldn't she have to pay his child support since he physically cannot and they share one income?

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Only in your dreams,
No. The USA is not Canada.