Me and my husband are legally separated, we have no tax agreement in our settlement. He has 2 of our 3 kids 104 nites a year, the other he has none. He pays court ordered.support through child support enforcement. We all 4 live with my fiancŽ & have done so for 9 months can he claim them?

Your fiancé cannot claim the children (unless you et married by December 31st). As they are not his relatives, they would have had to live with him for 365 days to qualify as dependents. Since you are the custodial parent you would be able to claim them on your tax return.

Agreed! Since the OP is not yet divorced, getting married by 31 December 2011 is not an option, so the mother will only be able to claim the children on HER return unless she and the estranged husband can agree to file jointly and equitably split the refund.