It's a simple matter of tax law. The custodial parent gets the deduction. Years ago you could have stolen the deduction by proving you paid more than 1/2 of the support of the child. That has changed. Actually their mother is getting the deduction on her return. Her new husband is along for the ride. So in effect, since she doesn't work it is income tax on his wages, etc. That is being lowered. Oh well, who said tax law was equitable. For more free answers to tax questions visit my site at FreeTax Relief
Does My Ex Wife's New Husband Get To Claim My Kids On Income Taxes If I Am Paying Child Support And She Doesn't Work?
So if he can claim the kids as dependents on his income tax to receive credit and deductions, should his income factor into child support calculations?
Even if you pay child support, if the children live with your exwife and current husband, he is entitle to claim them.
If the children are living with her for six months or the full year then yes the step father can claim the children on his income taxes. If the children live with them for the whole year regardless if she doesn't work her New Husband can legally claim them.