cherise graves answered question 9/23/2008 I Pay Child Support To My Ex-wife Who Remarried Three Months After Our Divorce. Her New Husband And She Claim My Kids On Their Annual Tax Returns Every Year. Isn't That Illegal? It is not illegal for your ex and her new hubby to file kids on their taxes because they live with them full time. Sorry but would actually be illegal for You to claim them because they do not reside with you.