The new spouse's income is not relevant for child support determinations. Although, as a practical matter, he does of course support your husband's child to some extent, he has no legal obligation to your child as a step-parent. The court only considers the incomes of the biological parents.
The fact that he did not ask for child support is also not going to help. Sorry, the custodial parent is entitled to support, and the fact that he did not exercise this right does not mean that is ex is barred from doing so.
Sorry, I wish I had better news, but this is the reality of child support and your situation. My policy is to just give the truth, rather than tell you what you want to hear now, only for you to end up more frustrated.
All of that said, if he is unemployed, that IS a factor and his support could be reduced because that.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).