Me and my ex have been divorced since August 2005. The custody battle was long, lengthy and the only thing we fought over was who was going to get custody of the kids. Well in August 2006 he announced that one of the children were not his. He has yet to act like a father to her in anyway and I have a document signed by the court stating that she is no longer to be in his care and there is to be no contact. Through no ones fault but my own, I now have tax issues. The court documents from 2005 state that he is to claim 2 of the children and I claim 1. But since he has not had any contact with one of the children for over 2 years can he legally still claim 2 and I only the 1 when he only fathers 2 of the children? Or is this a case of everything needs to be in black and white, because it seems to me that he is getting free money and he doesn't need anything more than a piece of paper saying he has all these kids

I'm confused as to what you're asking. You stated that he acts as a father to two of the three children, but then question why he gets to claim two children... am I reading it wrong?

Usually the court allows parents to "trade" years - dad claims on even years and mom claims on odd years, or vice versa. I haven't ever seen them award one parent 2 exemptions and award the other parent only one.