Well we can't agree, but he thinks he can claim MY kids, his stepchildren, if we file separately because his income is higher.
Let me make an assumption: You separated sometime during the year, up until that point the children lived with both of you, and after that point the children lived with you.
If that assumption is correct, you are the one entitled to the dependency exemption because you are the custodial parent (the one the children lived with the longest.) The custody rule is applied before the income rule, so if my assumption is correct, his income doesn't matter.
Also remember - if you both file married filing separately neither one of you can claim EIC or the child and dependent care credit, because they're not allowed on a MFS return.
