EX filing lawsuit for past tax dependent deductions

What is the name of your state? KANSAS

I was divorced in 1996, In the divorce papers I got residential custody of the 2 children and $200/month child support. My Ex got rights to claim the 2 children on his taxes. He has not paid any child support in the years since the divorce and now owes over $18,000 in back child support. During those years, I claimed the kids on my tax return..they lived with me and I provided all the support. Now, My ex, has decided that since the divorce papers stated that he could claim the kids, that he is going to take me to court and sue me for the money that he would have received if I hadnt claimed them. I just wanted to know if he can sue for all those years and win, even though he provided no support for the children.

Sure. His right to claim the kids was not contingent on him being paid up in his support. However, you can argue that he never tried to claim the kids, so he wasn't harmed by you claiming them. You can also argue that tax years 1999, 2000 & 2001 are still open, & he has to amend his taxes rather than sue you for those years. Since each kid is worth about $1,000/year in taxes, even if he wins, he'll still owe you $12,000. Make sure he provides you copies of his returns for those years. Take them to a tax professional. If he didn't make over $20,000, he may have lost even less than $1,000/kid.

You can also countersue for the back support. This isn't really an attempt to get damages; it's his attempt to get the amount he owes you reduced. He'll get it reduced somewhat, but I doubt the judge will be very symapthetic when s/he hears this guy hasn't paid a dime of support since the divorce. In fact, you should ask to have the decree modified so that he can't claim the kids unless his support is paid in full.

Didnt file for several years

I dont think that until 1999 he actually filed his taxes. He's told me he will have to call some places to get copies of his w2's for those years. If he didnt even file for years does he still have a chance in court in getting what he WOULD have gotten? Also, he did sign a form 8332 for me in 1996 after the divorce..this suggests he did know that we made the aggreement about having the child support current , but I did not ask him to sign for the other years. He never asked about it or wanted to claim them before now. I agree, that this is simply a way for him to get his child support reduced. Thank you for your reply....I want as much information as I can get at this point.

If he never filed a return in the first place, his damages stem from his laziness, not from you claiming the kids. Ask the judge to dismiss the case because he has not exhausted his remedies with the IRS, namely, by filing a bleeping return claiming the kids!

I hammer the argument that he didn't even file returns, so he was not damaged by whether or not you claimed the kids. Even if you had not claimed the kids in 97 & 98, he still could not get any money for those tax years. By failing to file a return, he waived any claim for a refund from the IRS.