taxes, kids, daycare & the ex

What is the name of your state? Kentucky
My lawyer had papers drawn up that were looked over by my ex husband, his wife and their attorney. We all agreed and signed these papers that stated me and my new husband would claim my 2 daughter at tax time and our 50% of daycare expenses, and that my ex husband and his wife would only claim their 50% of daycare expenses. When I filed they said we only got credit for 20% of the total daycare cost we paid for that year and when my ex filed taxes they told him he could not claim any daycare expenses because he didnt have custody of the girls. Now he is hinting around about going back to the "drawing table" so that he can have 1 kid and I have the other. He does pay child support based on his income and he does have medical insurance for the girls. He does exactly what the law says he has to but it just upsets me that he has nothing to do w/ the girls except one day a wk, yet wants to claim one of them at the end of the yr next year. I know I cant make him visit more, I know I cant force him to be an involved dad. I work for an attorney and Ive spoken to him about this, but I just wanted to get others opinions on this. My question is even though our papers say we cant go back to the drawing table to re-hash the issue of tax time, is it now void because he cant claim the daycare expenses? When we all signed we thought he could claim daycare, neither of our attorneys told us any different......

He pays is share of support based on how much he sees them (and then some since he takes care of insurance). You all agreed he would get some % of tax exemption. I'd say go back to the drawing board and make it right and fair.