If it is in your child support order that he claims the child(ren) for taxes then you need to have the order modified to you. If you do not have a support order or it is not stated in there...then you have the legal right to file every year. My guess it is in some order which you will have to get modified. Keep in mind they keep support and visitation separate so if he pays support but doesn't see the children that won't be a factor in the support order and modifying it even when it comes to taxes. (unless he pays less support based on the fact that he has them more times throughout the year). I would think you could claim the children and win in court if you had to. Doesn't seem fair that he seems to only want the child(ren) as a tax deduction...it's sad.
